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HomeMy WebLinkAboutlanduse case.tu.1000 N 3rd St.0070.2006.ASLUr -. ms`s City of Aspen Community Development Department CASE NUMBER 0070.2006.ASLU PARCEL ID NUMBER 2735-121-29-809 PROJECT ADDRESS 1000 N. 3`d St. PLANNER Jessica Garrow CASE DESCRIPTION Temporary Use /Tent REPRESENTATIVE Jim Curtis DATE OF FINAL ACTION 2/26/07 CLOSED BY Amy DeVauk MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director ~'~ FROM: Jessica Garrow, PlannerJ~ vela RE: Aspen Institute Temporary Use Permit (Greenwald Pavilion Tent) - Resolution 8. Series 2007 MEETING DATE: February 26, 2007 (Continued from February 12, 2007) APPLICANT /OWNER: Aspen Institute REPRESENTATIVE: Jim Curtis, Curtis & Associates LOCATION: Aspen Institute 1000 N. Third St., Lot 1 - 13, Aspen Meadows Subdivision CURRENT ZONING c4c USE Academic (A) with an SPA overlay PROPOSED LAND USE: Temporary Use Permit for Tent Academic (A) with an SPA overlay STAFF RECOMMENDATION: Staff recommends approval of the Temporary Use Permit. SUMMARY: The Applicant requests a temporary use permit for the Greenwald Tent for the 2007 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 and 2006. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: • Temporary Use Permit for a tent pursuant to Land Use Code Section 26.450.030 (City Council is the final review authority who may approve, approve with conditions, or deny the permit). Aspen Institute Temporary Use Permit Staff Report, page 1 ISSUE SUMMARY: At the February 12, 2007 City Council meeting, the public and the City Council raised concerns regarding the events to take place in the tent. Concerns regarding noise and landscaping were also brought up. Staff has not attached the application to this memo, so please bring what was provided for the February 12, 2007 hearing. Events in the Tent: Since the February 12, 2007 Council meeting the Applicant has determined that only Aspen Institute sponsored and co-sponsored events will be held in the Greenwald Pavilion tent. This will preclude any private events, such as parties and weddings from being held in the tent. Condition 11, Section 1 has been added to the Resolution to reflect this. Aspen Institute sponsored events include events like the Ideas Festival, while co-sponsored events include events with the Aspen Center for Integrative Health, the Music Association of Aspen, etc. Any co- sponsored events would abide by the Shared Facilities Agreement adopted as part of the SPA. An explanation is also attached as Exhibit B. Noise: Staff has added Condition 12, Section 1 to the Resolution calling for a noise suppression plan to be submitted to the City's Environmental Health Department prior to use of the tent. This plan would include information on the events anticipated for the tent and the methods to ensure the tent operates within the requirements of the City's Noise Ordinance. The Aspen Institute is classified as a residential area in the City's Noise Ordinance (Title 18 of the Municipal Code), and therefore cannot exceed 55 decibels during the day and 50 decibels at night. Below is a table taken from Title 18: Table 1: Maximum noise level oy Zone District c,unc ,~~~«~~~ Nighttime 9:00 p.m. to 7:00 a.m. Daytime 7:00 a.m. to 9:00 p.m. Residential 50 dBA 55 dBA Commercial 60 dBA 65dBA Lodging 55 dBA 60 dBA This condition was recommended by the Environmental Health Department. However the Applicant feels the provisions in Title 18 should suffice for regulating noise levels. Staff has included the condition as written by Environmental Health as Condition 12 in Section 1 of the attached Resolution. Staff recommends including this condition of approval to ensure measures are taken before the tent is used that will help ensure the tent operations abide by the provisions in Title 18. Landscaping: Some members of the public brought up comments relating to the visual impacts of the tent and proposed additional landscaping be added to minimize their view of the tent. Attached in Exhibit B is a brief outline of previous landscaping at the Institute. The Applicant proposes waiting on any additional landscaping until it is determined if the tent will be made permanent through an SPA Amendment. Staff agrees with the Applicant that screening should be done following the determination to make the tent permanent. Because this is a temporary use Staff does not feel an additional condition requiring added screening for the tent is required at this time. Aspen Institute Temporary Use Permit Staff Report, page 2 r+ ,1 ~r i STAFF COMMENTS: TEMPORARY USE PERMIT 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 Resolution 22, Series 2006. The only difference in this approval is the operational time period, which is proposed from June 28`h through August 28`h. This is one month shorter in length than the previous approval. The proposal calls for a sixty (60) foot by one-hundred (100) foot main tent a catering wing measuring twenty (20) feet by forty (40) feet. These are the same dimensions as were approved in Resolution 22, Series 2005. Added to this Resolution is a condition prohibiting Rather than submitting an Application to make the Greenwald Pavilion tent a permanent structure, the Applicant is requesting a new Temporazy Use Permit to gage the Institute's needs for the tent in the future. The Doerr-Hosier building is opening this summer, giving the Institute an additional facility to house conference activities. After the summer, the Institute will evaluate the summer operations and determine if a tent is still needed. At that time the Applicant will either need to submit an SPA Amendment requesting a permanent structure, or will need to remove the tent and follow the approved native vegetation restoration plan required in Resolution 22, Series 2005 and in Resolution 8, Series 2007. The Temporary Use review criteria aze outlined in Land Use Code section 26.450.030; Staff Review is attached as Exhibit A. Staff recommends approval of the Temporary Use Permit for the Greenwald Pavilion tent. The Applicant is requesting this Temporary Use Permit rather than requesting an SPA Amendment at this time because the Institute would like to evaluate the permanent need for the tent given the fact that the Doerr-Hosier building is opening for the summer. 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 taken into consideration by shortendng the time the tent will be up from three (3) months to two (2) months. The tent will be up from June 28 through August. The Temporary Use Permit would be valid from June 21, 2007 to September 4, 2007 to allow the Applicant one (I) week to set up the tent and one (1) week to take down the tent. Staffftnds the tent meets the Temporary Use Permit review criteria and recommends in,favor of the temporary use. REFERRAL AGENCY COMMENTS: The Historic Preservation Commission has been notified of the proposed temporazy 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 2005 and 2006. Aspen Institute Temporary Use Permit Staff Report, page 3 .~ ..r RECOMMENDATION: Staff recommends approval of a Temporary Use Permit for the Greenwald Pavilion Tent with conditions. CITY MANAGER COMMENTS: RECOMMENDED MOTION: "I move to approve the request for a Temporary Use Permit to the Aspen institute for the purpose of erecting the Greenwald Pavilion tent from June 28, 2007 to August 28, 2007 with conditions as noted in Resolution No. 8, Series of 2007" ATTACHMENTS: EXHIBIT A -Review Criteria and Staff Findings Exhibit B -Email from Jim Curtis regarding comments made at the February 12, 2007 Council meeting Aspen Institute Temporary Use Permit Staff Report, page 4 ~~ ,,~ EXHIBIT A L V.'fJ V.VJV ai.~..u ... -- -. 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 and 2006. The tent is sixty (60) feet by one-hundred (100) 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 summers of 2005 and 2006, with the exception of the time period. The time period proposed for the 2007 summer is from June 28 -August 28, one month sorter than in the 2005 and 2006 approval. The tent will be used, as it was used in the summers of 2005 and 2006, 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 and 2006. Continuing the use of the tent for the 2007 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, municipa[services, noise levels, and neighborhood character. The proposed temporary tent has visual impacts on neighboring properties, especially those across the Roaring Fork River. This summer the Doerr-Hosier Center will open, providing additional seating and catering facilities at the institute. The Aspen Institute is requesting this temporary use permit to determine if the tent is needed in the future. The tent will be required to abide by all noise requirements in the zone district. The anticipated municipal services will not exceed those needed in the previous approvals. Staff finds this criterion to be met. - , '°"1 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 28 through August 28, with set-up and take-down the week before and after the operational time period. 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 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 enhance 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 aze 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. ~~ w Jessica Garrow From: Jim Curtis [jcurtis@sopris.net] Sent: Friday, February 16, 2007 3:05 PM To: Jessica Garrow Subject: Re: Aspen Institute Spoke with Amy Margerum this morning. In summary: ~-., ~Xh-~~~~ ~. ~ Page 1 1. As a good neighbor, the Institute is willing to prohibit private events, ie weddings, parties, etc. Allowed events wil] be Institute sponsored or co-sponsored events with other non-profits. For example, the Institute & Music Association of Aspen have co-sponsored events tentatively soh, ~fo~7/14/07 & 8/12/07. The Institute & MAA have co-sponsored events in the past in accordance'with the "Shazed Facilities Agreement" adopted as part of the 1992 SPA Deve. Agreement. The Tnstitute also co- sponsored an event with the Aspen Center for Integrative Health last summer & has been approached by the Integrative Health people for this summer.-The Institute is still firming up its summer scjl. for the Tent, but at this time it appeazs like their may be fewer events than last summer simply due~'to the shorter 2 month period which was previously committed to. 2. Noise Abatement Ordinance. The Institute understands the operations of the Tent must comply with the Noise Abatement Ordinance. The Abatement Ordinance is very specific with criteria, requirements & dBA levels so I do not see what a separate "Noise Suppression Plan" would include. It seems cleaner & simpler to me to just have one controlling document all parties, including the Institute & neighbors, can reference & follow, ie the Noise Abatement Ordinance. Plus, this doc. is publicly available on the City's web site & is kept current by the City Clerk if amended. 3. Additional Landscape Screening. I thought this was suggested by Steve Hansen in his public commeats, so I wanted to share the Institute's thoughts on this. The Institute voluntarily spent approximately $ 13,000 in summer of 1995 for landscape screening. The Institute would recommend waiting on additional screening until a decision is determined after the summer 2007 season on the permanent or non-permanent status of the Tent. The whole reason for the Temp. Use Permit is so the Institute, neighbors & City can evaluate the need or non-need for the Tent based on opening of the Doerr-Hosier bldg. It seems premature to plant additional trees for 2 months until the long-term is decided. I will be happy to sit down with you next Tues. & review the Institute's thoughts in more detail if you would like. But, I wanted to get back to you today because I said I would. I also plan to share the above with our Pitkin Green neighbors before next Monday's City Council meeting. I would hope that by prohibiting private functions & weddings the neighbors are more comfortable with the temporary use of the Tent for this summer. Thanks, Jim Curtis 2/19/2007 ,'~. ~ ,~, .. Jessica Garrow From; Fred Davies [fred.davies@comcast.netj Sent: Tuesday, February 20, 2007 2:38 PM To: Jessica Garrow Subject: Institute Tent Application Hi Jessica 2 was not able to get to the last meeting but I have spoken with Jim Curtis and Steve Hansen I also spoke with Jenette Murison at Environmental Health and was educated it the requirements of the "noise ordinance" If the Institute can comply with the ordinance it will go a long way to reducing the impact on the neighbors over here! The question is how is it going to be monitored and what is going to be done if the noise levels are exceeded? Without some specific plan for measurement the controversy cannot be resolved. Jim Curtis told me that the Institute would resist a requirement that would require them to submit a mitigation plan because it is another layer of paperwork for them. I understand that ,but it seems to me that it is important for them to be prepared to be in compliance if they are found not to be. I understand that there was discussion of additional landscaping to be installed this summer to screen the tent from this side of the river. Frankly, this seems premature. Landscaping could more properly be made a part of any application that may come up if the Institute wants to make the tent a permanent facility. Why waste the money if they decide not to need the tent. It is going to take a major effort to effectively screen the tent and a piecemeal approach may just make a comprehensive plan more difficult to accomplish in the long run. Thanks, Fred Davies 1 ~~ '~ Title 18 NOISE ABATEMENT Chapters: 18.04 Noise Abatement (4) Lodge district. An area zoned primarily for lodge use as defined in Title 26 of the Aspen Municipal Code, including, but not limited to, areas designated L/TR, CL, LP, P (when surrounded by these designations) and as such designations may be amended. (5) Nightime. Shall mean the period from 9:00 p.m. to 7:00 a.m. daily. (6) Property lines. An imaginary line, at the ground surface, and its vertical extension, which separates the real property owned or rented by one person from that owned or rented by another person and separates real property from the public premise, or in multiple dwelling units from the adjoining unit, usch as the wall between two apartments. (7) Residential district. An area zoned primarily for residential use as defined in Title 26 of the Aspen Municipal Code, including, but not limited to, areas designated R-3,R-6, R-] 5, R- 15A, R-15B, R-30, R/MF, RR, M/MFA, AHPUD A, C, P, PUB, P (when located adjoining properties with these designations) and as such designations may be amended. (8) Sound level meter. An apparatus or instrument, including a microphone, amplifier, attenuator, output meter and frequency weighting networks for the measurement of sound levels. (9) Special Event. Defined in Section 14.20.010 of the City of Aspen municipal Code. (B) Standards used in the measurement of sound as provided for in this chapter shall be those as specified herein: (1) Sound level measurement shall be made with a sound level meter using the "A" weighting scale, set on "slow" response. (2) Measurements shall be taken at the property line of the source. The meters shall be used according to manufacturer specification. The meter shall not be held in front of the person taking the reading. (3) Background noise levels shall be taken for comparison with a given source for accuracy of a measurement. Enforcement actions will be taken if the source of noise if greater than the stated permissible levels and the background noise level. (a) Extraneous or momentary spikes in the background noise readings shall not be used to compare with the source noise readings. (b) [f the source is constant and too loud to determine the background noise level, then the enforcement office must find a similar site and distance to test for the background noise level. (4) These noise regulations are enforceable by all City of Aspen law and code enforcement officers. (Ord. No. 2-1981, § l; Ord. No. 36-1989, § l; Ord. No. 11-2003 §1: Code 1971, § 16-2) 18.04.030 Maximum permitted sound levels in zone districts (A) No person or group of persons shall operate or cause to be operated any continuous, regular or frequent source of sound that exceeds the maximum permissible sound pressure level listed in Table 1. Table l: Maximum noise level o Zone District cone viau ~o~ Nighttime 9:00 p.m. to 7:00 Daytime 7:00 a.m. to 9:00 p.m. a.m. Residential 50 dBA 55 dBA Commerical 60 dBA 65dBA Lod in 55 dBA 60 dBA (B) No person shall drive, operate, move, cause or knowingly permit to be driven or ~'` No. 11-2003, §l: Code 1971, § 16-3) Cross reference(s)-- Barking dogs prohibited, § 6.08.100. (Ord. No. 2-1981, § l; Ord. No. 36-1989, § 1: Code 1971, § 16-4) ..~ 18.04.050 Allowed Noises based on time of day and other restrictions (A) The following noises are allowed to exceed the Zone District noise levels during specified times of day unless deemed a disturbance of the peace by an enforcement officer. (1) Sound emanating from outdoor athletic events between 7:00 a.m. and 9:00 p.m. (2) Construction activities between 7:00 a.m. and 7:00 p.m., Monday through Saturday, with the following conditions: (a) Noise levels do not exceed 80 decibels at the property line; and (b) Equipment is operated in accordance with manufacturer's specification and with all standard manufacturers' mufflers and noise-reducing equipment in use and in properly operation condition; and (c) Notices shall be posted to inform workers, including sub-contractors, about the basic noise requirements, as well as specific noise restrictions, to the project; and (d) Jack hammering, drilling, large compressors, and other types of equipment that exceed 80 decibels must be used in conjunction with an approved noise suppression plan outlined in 18.04.070 of this chapter. (3) Special Events or other events to which the public is invited with the following conditions: (a) The maximum decibel level at the perimeter of the event does not exceed 100 decibels; and (b) Amplified noise shall be created only between the hours of 9:00 a.m. and 9:00 p.m.; and (c) Neighbors within two hundred fifty (250) feet of the site of the proposed sound source are notified. Such notification must be in writing and be done seven (7) days prior to the starting time of the event; and (d) The arrangement of loud speakers or the sound instruments must be such that it minimizes the disturbance to others resulting from the position or orientation of the speakers or from atmospherically or geographically caused dispersal of sound beyond the property lines; and (e) All reasonable measures are taken to baffle or reduce noise impacts on the neighbors; and (f) Event organizers agree to cooperate with the Police Department in addressing noise complaints from neighbors, which may include the termination of the event. (g) Organizers of special events governed by the City of Aspen Special Event code (14.20.030(f)) may request a variance from noise restrictions to the City of Aspen Special Event Committee. (1) The variance request shall include reasons why the variance should be granted, how the public good will outweigh impacts on neighbors and other factors supporting the request. (2) If approved, the variance shall contain all conditions upon which said variance has been granted, including, but not limited to, the effective date(s), time(s) of ice, `~ v~ (B) Noise suppression plans shall include: (1) Contact information (2) Dates of Activity (3) hours of activity (4) location of activity (5) any equipment constraints that prevent common noise reduction measures, (6) description of how sound blocking or reducing measures will be used (7) layout map of the locations of baffles and other sound blocking or reducing measures with relation to the source (C) Submittal must be timely for adequate review (D) Approval may be granted upon good and sufficient showing: (1) that the activity, operation or noise source will be of temporary duration and cannot be done in a manner that would comply with this chapter, and (2) that no reasonable alternative is available to the applicant. (E) An administrative fee as set in the city fee ordinance is required to review any noise suppression plan. (F) The City of Aspen may prescribe any reasonable conditions or requirement deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood. (Ord. No. 11-2003, § I ;Ord. No. 26-2000 § 1) * Editor's note--Ord. No. 26-2000, § 1, repealed former § 18.04.070, pertaining to noise restriction relief permits and enacted a new § 18.04.070 as herein set out. Former § 18.04.070 was derived from Code 1971, § 16-7, as amended by Ord. No. 2-1981, § 1. 18.04.080 Enforcement (A) Enforcement officers may issue a warning notice or summons and complaint to any person in violation of this chapter. (B) An Enforcement Officer shall have the right to inspect property concerning any noise complaint. (Ord. No. 11-2003, §l; Ord. No. 2-1981, § l: Code 1971, § 16-8) 18.04.090 Penalty assessment (A) Any person violating any provision of this chapter may be punished by a fine, imprisonment, or both a fine and imprisonment, as set forth in section 1.04.080 of this code. Each day any violation of this chapter shall continue shall constitute a separate offense. (Ord. No. 11-2003, §l; Ord. No. 2-1981, § 1: Code 1971, § 16-11) Page 1 V Jessica Garrow From: Jim Curtis [jcurtis@sopris.netj Sent: Friday, February 16, 2007 3:05 PM To: Jessica Garrow Subject: Re: Aspen Institute Spoke with Amy Margerum this morning. In summary: 1. As a good neighbor, the Institute is willing to prohibit private events, ie weddings, parties, etc. Allowed events will be Institute sponsored or co-sponsored events with other non-profits. For example, the Institute & Music Association of Aspen have co-sponsored events tentatively sch. for 7/14/07 & 8/12/07. The Institute & MAA have co-sponsored events in the past in accordance with the "Shared Facilities Agreement" adopted as part of the 1992 SPA Deve. Agreement. The Institute also co- sponsored an event with the Aspen Center for Integrative Health last summer & has been approached by the Integrative Health people for this summer. The Institute is still firming up its summer sch, for the Tent, but at this time it appears like their may be fewer events than last summer simp-y due to the shorter 2 month period which was previously committed to. 2. Noise Abatement Ordinance. The Institute understands the operations of the Tent must comply with the Noise Abatement Ordinance. The Abatement Ordinance is very specific with criteria, requirements & dBA levels so I do not see what a separate "Noise Suppression Plan" would include. It seems cleaner & simpler to me to just have one controlling document all parties, including the Institute & neighbors, can reference & follow, ie the Noise Abatement Ordinance. Plus, this doc. is publicly available on the City's web site & is kept current by the City Clerk if amended. 3. Additional Landscape Screening. I thought this was suggested by Steve Hansen in his public comments, so I wanted to share the Institute's thoughts on this. The Institute voluntazily spent approximately $ 13,000 in summer of 1995 for landscape screening. The Institute would recommend waiting on additional screening until a decision is determined after the summer 2007 season on the permanent or non-permanent status of the Tent. The whole reason for the Temp. Use Permit is so the Institute, neighbors & City can evaluate the need or non-need for the Tent based on opening of the Doerr-Hosier bldg. It seems premature to plant additional trees for 2 months until the long-term is decided. I will be happy to sit down with you next Tues. & review the Institute's thoughts in more detail if you would like. But, I wanted to get back to you today because I said I would. I also plan to share the above with our Pitkin Green neighbors before next Monday's City Council meeting. I would hope that by prohibiting private functions & weddings the neighbors are more comfortable with the temporary use of the Tent for this summer. Thanks, Jim Curtis 2/19/2007 ~ © Page 2 of 3 ... Great, thanks. Jessica Garrow, Planner City of Aspen Community Development Dept. 970.429.2780 From: Jim Curtis [mailto:jcurtis@sopris.net] Sent: Thursday, February 15, 2007 4:08 PM To: Jessica Garrow Subject: Re: Aspen Institute Received your email I'm meeting with Amy Margerum in morning to review events & will keep you posted. Thanks. On Feb 15, 2007, at 3:42 PM, Jessica Garrow wrote: Hi Jim - I've sent a few emails to you but they seem to be bouncing back to me. I was wondering if A, you get this email, and B, if you will have any information for the Feb 26cn hearing regarding the events taking place in the tent. 2/19/2007 ' ~ Page 3 of 3 ~„~ ,""~ r./ •.i Thanks, Jessica Jessica Garrow, Planner Community Development Dept. City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspenpitkin.com 2/19/2007 Page 1 of 1 ,~ ^^'~ w ..+ Jessica Garrow From: Jannette Murison Sent: Monday, February 12, 2007 11:08 AM To: Jessica Garrow Subject: Aspen Institute -noise ~i Jessica, Thanks for speakinv~ to me about the Aspen institute's Temp use. Given that ~h was notified tat the events happenin~e in the tent are causing the neighbors to complain (inc~udinv ca~~ing the Po~ice). ~ would ~ike to recommend the ~o~~owing be added to theirAPprova~: rn .L,,,,~~n}, The app~ica nt must submit a noise suppression plan to the City of Aspen ~,nvironmenta~ ~ea~t~that ~' " addresses a~~ types o~ events held inside the tent.jubmitta~ and approva~ must take puce prior to the twv- aronk~ period of use. Pease het me know if you need anythinv~ else on this su b~ect. jincere~y, Jannette Murison jenior environmental healthjPecialist City o~ Aspen 97o-92O-5o69 www.aspei~tkin.com ~r MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Chris Bendon, Community Development Director ~~ FROM: Jessica Garrow, PlannerJM~ ~~ ~~# RE: Aspen Institute Temporary Use Permit (Greenwald Pavilion Tent) - ResolutionS, Series 2007 MEETING DATE: February 12, 2007 APPLICANT /OWNER: Aspen Institute REPRESENTATIVE: Jim Curtis, Curtis & Associates LOCATION: Aspen Institute 1000 N. Third St., Lot 1 - 13, Aspen Meadows Subdivision CURRENT ZONING Bc USE Academic (A) with an SPA overlay PROPOSED LAND USE: Temporary Use Permit for Tent Academic (A) with an SPA overlay STAFF RECOMMENDATION: Staff recommends approval of the Temporazy Use Permit. SUMMARY: The Applicant requests a temporary use permit for the Greenwald Tent for the 2007 Summer. The r._~____ _ •" 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 and 2006. LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval: Temporary Use Permit for a tent pursuant to Land Use Code Section 26.450.030 Cit Council is the final review authority who may approve, approve with conditions, or deny the permit). PROJECT BACKGROUND AND SUMMARY: In 2005, the City Council approved Resolution 22, Series of 2005, approving a Temporary Use Permit for the Greenwald Pavilion tent at the Aspen Institute for the summers of 2005 and 2006. The previous approval was for a sixty (60) foot by one-hundred (100) foot main tent a catering wing measuring twenty (20) feet by forty (40) feet for July ls` through September 28`h 2005 and 2006. The institute held a number of events in 2005 and 2006 that used the tent, including: The Aspen Institute Temporary Use Permit Staff Report, page 1 ~ ..,~ ~..,, ,,> Aspen Ideas Festival, the Brainstorm Fortune Conference, and the Aspen Institute Summer Celebration. The Applicant has included a copy of Resolution 22, Series 2005 in the Application, attached hereto as Exhibit B. STAFF COMMENTS' TEMPORARY USE PERMIT 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 Resolution 22, Series 2006. The only difference in this approval is the operational time period, which is proposed from June 28`" through August 28~h. This is one month shorter in length than the previous approval. Rather than submitting an Application to make the Greenwald Pavilion tent a permanent structure, the Applicant is requesting a new Temporary Use Permit to gage the Institute's needs for the tent in the future. The Doerr-Hosier building is opening this summer, giving the Institute an additional facility to house conference activities. After the summer, the Institute will evaluate the summer operations and determine if a tent is still needed.. At that time the Applicant will either need to submit an SPA Amendment requesting a permanent structure, or will need to remove the tent and follow the approved native vegetation restoration plan required in Resolution 22, Series 2006 and in the attached Resolution. The Temporary Use review criteria are outlined in Land Use Code section 26.450.030; Staff Review is attached as Exhibit A. Staff recommends approval of the Temporary Use Permit for the Greenwald Pavilion tent. The Applicant is requesting this Temporary Use Permit rather than requesting an SPA Amendment at this time because the Institute would like to evaluate the permanent need for the tent given the fact that the Doerr-Hosier building is opening for the summer. 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 taken into consideration by shortening the time the tent will be up from three (3) months to two (2) months. The tent will be up from June 28 through August. The Temporary Use Permit would be valid from June 21, 2007 to September 4, 2007 to allow the Applicant one (I) week to set up the tent and one (I) week to take down the tent. Staff finds the tent meets the Temporary Use Permit review criteria and recommends in favor of the temporary use. 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 2005 and 2006. Aspen Institute Temporary Use Permit Staff Report, page 2 s~ """~ .~` RECOMMENDATION: Staff recommends approval of a Temporary Use Permit for the Greenwald Pavilion Tent with conditions: CITY MANAGER RECOMMENDED MOTION: "I move to approve the request for a Temporary Use Permit to the Aspen institute for the purpose of erecting the Greenwald P vilion tent from June 28, 2007 to August 28, 2007 with conditions as noted in Resolution No. ~, Series of 2007" ATTACHMENTS: EXHIBIT A -Review Criteria and Staff Findings Exhibit B -Application Aspen Institute Temporary Use Permit Staff Report, page 3 ~.,, RESOLUTION NO. ~_ (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 PareelID 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 Enviromnental 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. 101, Series of 2006 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 Envirorunental 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. 101, Series of 200b Page 3 i. Seeding Procedure: Hand broadcast seed in aeeas of disturbance. Rake seed into soil. Cover area with certified weed free straw. ii. Seed Mix: Indian Rice Grass "Nez Paz" - Achnatherum hymenoids "nez Par" 3.0 lbs/acre, Sideoats Grama Boutelous curtipedula "Pierre" 4.0 lbs/acre, Sandberg Bluegrass Poa secunda "Sherman" 0.5 Ibs/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 ]bs/acre, "Arriba" Western Wheatgrass Pascopyrum smithii "Arriba" 2.5 lbs/acre, Hairy Golden Aster Chrsopsis villosa 0.25 lbs/acre, Silver Lupine - Lupinus azgenteus 1.0 Ibs/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. 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. APPROVED, February 12, 2007, at a public hearing before the City Council of the City of Aspen, Colorado. Helen Kalin Klanderud, Mayor John Worcester, City Attorney `mss `,.. .r Resolution No. 101, Series of 2006 Page 4 ATTEST: Kathryn S. Koch, City Clerk ~~ 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 and 2006. The tent is sixty (60) feet by one-hundred (100) 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 summers of 2005 and 2006, with the exception of the time period. The time period proposed for the 2007 summer is from June 28 -August 28, one month sorter than in the 2005 and 2006 approval. The tent will be used, as it was used in the summers of 2005 and 2006, to house events for the Aspen Ideas Festival, the Brainstorm Fortune Conference, and the Aspen institute Summer Celebration. 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 and 2006. Continuing the use of the tent for the 2007 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. This summer the Doerr-Hosier Center will open, providing additional seating and catering facilities at the institute. The Aspen Institute is requesting this temporary use permit to determine if the tent is needed in the future. The tent will be required to abide by all noise requirements in the zone district. The anticipated municipal services will not exceed those needed in the previous approvals. Staff finds this criterion to be met. t~ -~ ~. 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 28 through August 28, with set-up and take-down the week before and after the operational time period. 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 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 enhance or diminish the genera[ 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. 4 W./ CURTIS ASSOCIATES MEMORANDUM TO: Jessica Garrow City of Aspen Community Development Office FROM: Jim Curtis Owner's Representative Aspen Institute DATE: December 12, 2006 RE: Temporary Use Permit Application Aspen Institute Property Greenwald Pavilion Tent 1000 N. Third Street Parcel # 2735-121-29-809 Pursuant to our discussion of December 6, the Aspen Institute requests a Temporary Use Permit for the Greenwald Pavilion Tent for the Summer of 2007. The Tent would be up and operable June 28 -August 28. Set-up and take-down would occur 1 week before and after the above dates. A Temporary Use Permit was previously approved for the Greenwald Pavilion Tent for the Summers of 2005 & 2006 under City Council Resolution #22 (Series of 2005), attached. The Aspen Institute requests a Temporary Use Permit for the Summer of 2007 to continue the operation of the tent identical to how it was operated in 2005 & 2006, but with a shorter period, June 28 -August 28. This will allow the Aspen Institute the Summer of 2007 to evaluate the need and operation of the Tent based on the opening of the new Doerr-Hosier Ceuter in May/June 2007. This phased approach has been discussed with interested Pitkin Reserve and Pitkin Green neighbors. The Tent and operations would be the same as 2005 & 2006 with the Main Tent (60' X 100') and a small Catering Wing (20' X 4U' j for limited food service- A vicinity map, site plan and photographs of the tent are attached. GarrowMMemoTeynpUscPe mit 1 300 East Hyman Avenue • S~econdFloor • Aspeo:, Colorado 81611 • ph: (970J 920-1395 • (nx: (970J 925-5046 The Tent gives the Aspen Institute a venue to hold larger events during the summer in a wonderful outdoor setting. The main events held in 2005 & 2006 were the following: Aspen Ideas Festival - Lunches, plenary sessions, opening & closing sessions Brainstorm Fortune Conference Aspen Institute Summer Celebration lunches, plenary sessions lunches, celebration dinner The Aspen Institute feels the Tent was very successful during 2005 & 2006, and would like to continue its use to the Summer of 2007. Then, the Aspen Institute can evaluate its overall needs and operations based on the opening of the Doerr-Hosier Center and in communications with the Pitkin Reserve and Pitkin Green neighbors. Temporarv Use Permit Code Section 26.450.030 The criteria for Temporary Use Permit under Code Section 26.450.030 is addressed below. A. The location, size, design, operating characteristics, and visual impacts of the proposed use. The Tent and operations are the same as approved in 2005 & 2006, but with a shorter period, June 28 -August 28, versus the July ] -September 28 period approved by Resolution #22 (Series of 2005). The Summer of 2007 will give the Aspen Institute the ability to evaluate the Tent and the Institute's overall needs and operations based on the opening of the Doerr-Hosier Center. This phased approach has been discussed with interested Pitkin Reserve and Pitkin Green neighbors. 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 in 2005 & 2006, and would like to continue its use to the Summer of 2007. Then, the Aspen Institute can evaluate its overall needs and operations based on the GarrowManoTempUsePermit 2 opening of the Doerr-Hosier Center and in communications with the Pitkin Reserve and Pitkin Green neighbors. C. The impacts of the proposed temporary use on pedestrian and vehicular traff c and traffic patterns, municipal services, noise levels, and neighborhood character. The Aspen Institute recognizes the Tent and its events have an impact on the Pitkin Reserve and Pitkin Green neighbors. "phis is why the Aspen Institute is proposing to operate the tent for the Summer of 2007, and then evaluate its overall needs and operations based on the opening of the Doerr-Hosier Center. This phased approach has been discussed with interested Pitkin Reserve and Pitkin Green neighbors. D. The duration of the proposed temporary use and whether a temporary use 17as previously been approved for the structure, parcel, property or location as proposed in the application. The duration of the proposed temporary use is June 28 -August 28. Set-up and take-down will occur one week before and after the above dates. This period is shorter than the July 1 -September 28 duration approved by Resolution #22 (Series of 2005). The Tent was previously approved and up during the Summers of 2005 & 2006. E. The purposes and intent of the zone district in which the temporary use is proposed. 1'he 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. F. The relation of the temporary use to conditions and character changes whicl2 may have occurred in the area and zone district in which the use is proposed. The Aspen Institute campus was established in the 1950's 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 50 years, but significant residential development surrounding the Institute has occurred on Red Mountain, Pitkin Green and Second Aspen subdivision. G~rrowMemoTempUsePennit 3 ,~ ,-, G. How the proposed Temporary Use will enhance or diminish the general public health, safety or welfare. ~I`he Aspen Institute feels the Tent and the summer events supported by the Tent, like the Aspen Ideas Festival and Brainstorm Fortune Conference, are beneficial to and supportive of the Aspen community. Likewise, the Aspen Institute recognizes the Tent and its events have an impact on the Pitkin Reserve and Pitkin Green neighbors. This is why the Aspen Institute is proposing operating the Tent for the Summer of 2007, and then evaluate its overall needs and operations based on the opening of the Doerr-Hosier Center. This phased approach has keen discussed with interested Pitkin Reserve and Pitkin Green neighbors. GarrowMemo Pemo UsePennit '~ `'.~ ~`"r w/ FXHTRTT 1 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, PITHIN COUNTY, COLORADO. Parcel ID: 2735-I21-29-809 WHEREAS, pursuant to Scction 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 Seminaz 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 temporazy use application. and referral comments from the Ci[y 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 [he 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 standazds 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 ,r`~ 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 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 1" 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 insta]lation 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 constmction 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 Paz' 3.0 Ibs/acre, Sideoats Grama Bouteloua curtipedula `Pierre' 4.0 lbs/acre, Sandberg Bluegrass Poa secunda `Sherman' .5 Ibs/acre, Thickspike Wheat Grass Elymus lanceolatus 2 Ibs/acre, `San Luis' Slender Wheatgrass Elymus trachycalulus 3 Ibs/acre, Arizona Fescue Festuca ovina `Arriba' 2.5 Ibs/acre, `Arriba'Western Wheatgrass Pascopyrum smithii `Arriba' 2.5 ]bs/acre, Hairy ,. ~, ,' Golden Aster Chrsopsis villosa 25 Ibs/acre, Silver Lupine - Lupinus argenteus 1.0 lbs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 lbs/acre, Arrowleaf Balsam Root Balsamorhiza sagittata .5 Ibs/acre, Mules Ear Wyethia amplexicaulis .Sibs/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 temporazy use and installed ai 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 constmed 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 j urisdiction, 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 ~J11__~_ _, 2005, at a duly noticed public hearing before City Council. i APPROVED AS TO FORM: APPROVED AS TO CONTENT: J orcester, City Attorney AI"fEST: Kathryn S. K h, City Clerk C:\home\Current Planning\CASES\lnstitute Ten[\CC Reso.doc v _: ~; ATTACHMENT 2-LAND USE APPLICATION APPLICANT Name: ~ I ~~ ,r - ~V. Location: (Indicate street address, lot & bl c nu her, legal descri tion where appropriate) Parcel ID # (REQUIRED) . i ' REPRESENTATIVE: Name: ~~q y • /~ , ~ ~,~y~~~ Q~ / """ " Address: jl~ Y Phone #: ~• PROJECT: Name: Address: TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Concepmal PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiurnization) Expansion Mountain View Plane ^ Lot Split ,~ ~ temporary Use ^ Giher ^ Lot Line Adjustment ^ Text/Map Amendment _c_-__.: _i..:u:..,.... ~fl.. vale earl li]a1J I11V \.~V 10V AV l^t lV1YJ. l~lll al vi ...u ~.6 "'b"l "//"•'1"~Y""---- ~y^/,, ~I"~ r rlcvrwnl .. to X aw 1}lu u., VV~ .6~ - f20vY,~ - ~"' --- ~ v~ I ~ 7,~ Have you attached the following? r FEES DUE: $ Pre-Application Conference Summary ~chment #1, Signed Fee Agreement [~ pouse to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must he folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. 4^"'~ `.~ ATTACHMENT3 Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of caicuimwg ~ ~~~~ ~ ---°~ - °" - 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: Proposed: ~ Number of residential units: Existing: Proposed: VI Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: ~ 'r Floor Area: Existing: Allowable: Proposed: tom//. ~ ~ ~ i Principal bldg. height: Existing: Allowable: ~~ ,~ Proposed: i ~ Access. bldg. height: Existing: Allowable: Proposed: ~ On-Site parking: Existing: Required: Proposed. Site coverage: Existing: Required: Proposed: (/t f'~ Open Space: Existing: Required: Proposed: ~ X~ Front Setback: Existing: Required: Proposed: ~~l'~ Rear Setback: Existing: Required: Proposed: ~/f >"x - ~ Combined F/R: Existing: Required: Proposed: ~~p Side Setback: Existing: Required: Proposed.' -/T Side Setback: Existing: Required: Proposed: ~~ Combined Sides: Existing: Required: Proposed:__ Distance Between Existing Required.' Pro osed. P Buildings 1 ~V~ Existing non-conformities or encroachments: Variations requested: DIMENSIONAL REQUIREMENTS FORM ., ..., CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT nr CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS Ft 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 thereafrer pemtit 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 aze 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 Plaruting 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 aver the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accmed 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 sy: Chris Bendon Community Development Director g: \support\forms\agrpayas.doc 1l10/Ol ~wrr.~ By: Wl ~ I ~ Date Mailing Address: ~~y~~~ V'^i' (ueremaner, r nn rrcwni. r ~. -, .--._.r s EXHIBIT PROPERTY PROFILE Account: R014028 Account Type: Tax Year: 2006 Version: Parcel: 273512129809 ArealD: Mill Levy: 31.645000 APR District: Estimated Tax: Status: *This Mill Levy is from the most recent tax roll Name and Address Information - Legal Description ASPEN INSTITUTE INC 1000 N THIRD ST ASPEN, CO 81611 Property location 1000 N THIRD ST ASPEN, CO 81611 EXEMPT 20060427000 001 900 A JB:ASPEN MEADOWS LOT:1-B DESC' ACADEMIC FACILITY AUDITORIUM ssessmen n orma Ion --~%--- '. een De 23$006 / // `ov'/2o> \ __ \~ _ 305W3 rIN" ~ r zosom ~~ -- ~/ - - ~~~_ (~ 23,OY] ,. 203 \ ~._ i~ z~~.~, L 23 l ~l\ `, ^rF~~~a $~~~ Pitkin Res -------- \, - ~ -' ~`-~~ ~~ ~L - ~/ jri r ~ en Meadows i ~ sl L~ d ' \~~l ~ 139 ~ p ~ 1390 J~_ _ , 129006 ~ As n Cenlr h , r r lq l plq~iai ~ `~ 01tagO 12900$ ul ~" __ ' 1` ~ t29ooa L I r- \~ Zr-- tJ.. L! ice' 1 ,29VY9 apt ~ ~; 1 1290 Aye M i OlV i I Y 2 3 ~ ~' oor 09 <OO d ~ 1 V 30~ toa// nay ~,;, u9naz Mw rAsi9mfci of Aepen losoa __i____-__.._i ~Y_____. u CURTIS ASSOCIATES MEMORANDUM TO: Jessica Garrow ..% City of Aspen Community Development Office FROM: Jim Curtis Owner's Representative Aspen Institute DATE: December 12, 2006 RE: Temporary Use Permit Application Aspen Institute Property Greenwald Pavilion Tent 1000 N. Third Street Parcel# 2735-121-29-809 f- ; _~ i,~_~--; l "~ 20G6 ?J "I~^IT Pursuant to our discussion of December 6, the Aspen Institute requests a Temporary Use Permit for the Greenwald Pavilion Tent for the Summer of 2007. The Tent would be up and operable June 28 -August 28. Set-up and take-down would occur 1 week before and after the above dates. A Temporary Use Permit was previously approved for the Greenwald Pavilion Tent for the Summers of 2005 & 2006 under City Council Resolution #22 (Series of 2005), attached. The Aspen Institute requests a Temporary Use Permit for the Summer of 2007 to continue the operation of the tent identical to how it was operated in 2005 & 2006, but with a shorter period, June 28 -August 28. This will allow the Aspen Institute the Summer of 2007 to evaluate the need and operation of the Tent based on the opening of the new Doerr-Hosier Center in May/June 2007. This phased approach has been discussed with interested Pitkin Reserve and Pitkin Green neighbors. The Tent and operations would be the same as 2005 & 2006 with the Main Tent (60' X 100') and a small Catering Wing (20' X 4U') for limited food service. A vicinity map, site plan and photographs of the tent are attached. G~IrowMemoTe1np UsePe mi[ 1 300 bast Hyman Hveuue • .~ecox:d Floor • Aspen, Colorado 516] I • ph: (970J 920-1395 • fax: (970J 925-5046 ~` \ ~. / A'~y '~/ opening of the Doerr-Hosier Center and in communications with the Pitkin Reserve and Pitkin Green neighbors. C. The impacts of the proposed temporary use on pedestrian and vehicular traffzc and traffic patterns, municipal services, noise levels, and neighborhood character. The Aspen Institute recognizes the Tent and its events have an impact on the Pitkin Reserve and Pitkin Green neighbors. This is why the Aspen Institute is proposing to operate the tent for the Summer of 2007, and then evaluate its overall needs and operations based on the opening of the Doerr-Hosier Center. This phased approach has been discussed with interested Pitkin Reserve and Pitkin Green neighbors. 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 duration of the proposed temporary use is June 28 -August 28. Set-up and take-down will occur one week before and after the above dates. This period is shorter than the July 1 -September 28 duration approved by Resolution #22 (Series of 2005). The Tent was previously approved and up during the Summers of 2005 & 2006. 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. 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 the 1950's 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 50 years, but significant residential development surrounding the Institute has occurred on Red Mountain, Pitkin Green and Second Aspen subdivision. G arrowMemoTe mpUse Penn it ~../ RESOLUTION NO. (Series of 2005) ~++ EXHIBIT 1 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, PITHIN COUNTY, COLORADO. Parce!!D: 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 SVeet, 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 standazds 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 ~_~ Golden Aster Chrsopsis villosa .25 Ibs/acre, Silver Lupine - Lupinus argenteus 1.0 ]bs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 ]bs/acre, Arrowleaf Balsam Root Balsamorhiza sagittata .5 lbs/acre, Mules Ear Wyethia atnplexicaulis Slbs/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 jtuisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, Adopted, Passed, and Approved on this ~ ~~day of l~l~ l , 2005, at a duly noticed public hearing before City Council. ~~~'~~ APPROVED AS TO FORM: APPROVED AS TO CONTENT: cd~n'GG7~ ~i J orcester, City Attorney ATTEST: Kathryn S. K h, City Clerk C:\home\Current Planning\CASESUnstitute Tent\CC Reso.doc ATTACHMENT 2-LAND USE APPLICATION A oo~ v~ev~r• ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Dev[. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Fina] SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ~ ^ Oth : ^ Lot Split emporary Use er ^ Lot Line Adjustment ^ Text/Map Amendment EXiSTIN C®O~N/DI~TIONS: de ~pti n of exist g uildings, uses, revious provals e .) GY/V t 1 lWl ~ // ~Y/~'1 ~~ ,. a: r...,,.: _..A ,. ~ ~u X ~w ~~~~a u a~y~.svv v.. .b .-- ~ ~- I ~ v~ I /%A /~ Aave you attached the following? FEES DUE: $ Q Pre- pplication Conference Summary RETAIN FOR PERAAA18fNT I~ECOR~ n attachment #1, Signed Fee Agreement t¢yr~sponse to Attachment #3, Dimensional Requirements Form ~Q// esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" a 11" must be folded and a floppy disk with an electronic copy of all written t¢xt (Microsoft Word Format) must he submitted as part of the application. Phone#: TYPE OF APPLICATION: (please check all that apply): CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN (hereinafter CITY) a (hereinafer APPLICANT) AGREE AS 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, i[ is not possible at this time to ascertain the full extent of [be 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 pemtit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANTh 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 [bat it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Plamting Commission and/or City Council to make legally required fmdings 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 accnred costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Chris Bendon Community Development Director g: \supp ort\fo rms\agrp ay as. doc 1/10/Ol ~~e~~~~ By: Yh G1 ~/ Date Mailing Address: ~~y~~~ RETA!^! Pr1R pr~eg ~ atredT h'ECe~'~ 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. >~ .~. -°~, ..,.r ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for azeas 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: Proposed: ~ Number of residential units: Existing: Proposed: yl Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing Allowable: Proposed: Principal bldg. height: Existing Allowable: x Access. bldg. height: Existing: Allowable: Proposed: V ~/~' (~J On-Site parking: Existing: Required: Proposed..~~~~pp v~~ Site coverage: Existing: Required: Proposed:~~~~~i~f,.~f'f'~~ Open Space: Existing.' Required: Proposed: Front Setback: Existing: Required: Proposed: Reaz Setback: Existing: Required.• Proposed: ~/1'f'~ Combined F/R: Existing: Required: Proposed:-JG Side Setback: Existing: Required. Proposed.• ~/T Side Setback: Existing: Combined Sides: Existing: Distance Between Existing Buildings Required: Required: Prol Required: Existing non-conformities or encroachments: ~/ Variations requested: 1 ~/~ ,~ ....~ ir" `.,r December l2, 2006 Ms. Jessica Darrow Community Development Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Owner's Authorization and Consent Aspen Institute Property Greenwald Pavilion Tent Temporary Use Permit 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. Respectfully, Amy a gerum Chief in. & in Officer The Aspen Insti to t ~-. ~~: I ., - - . ~~~ -^, ..r PROPERTY PROFILE EXHIBIT 7 Account: R014028 Account Type: EXEMPT Tax Year: 2006 Version: 20060427000 Parcel: 273512129809 ArealD: 001 Mill Levy: 31.645000 APR District: 900 Estimated Tax: Status: A This Mill Levy is from the most recent tax roll Name and Address Information Legal Description ASPEN INSTITUTE INC '1000 N THIRD ST ASPEN, CO 81611 Pr©pei>fyy ~.t;~atit~n ;r 1000 N THIRD ST ASPEN, CO 81611 JB:ASPEN MEADOWS LOT:1-B DESC: ACADEMIC FACILITY AUDITORIUM sessmen n orma lon C ..i Adjacent Property Owners Within 300 Feet 533 W FRANCIS LLC 715 W MAIN ST #203 ASPEN, CO 81611 AMERY SALADIN EBRAHIMI FRANCESCA HOUSE 821 BURNSIDE, 9 S BAY RD HONG KONG CHINA, ASPEN INSTITUTE INC 1000 NORTH THIRD ST ASPEN, CO 81611 CHRIST EPISCOPAL CHURCH C/O ANTHONY SCHEER PO BOX 2299 ASPEN, CO 81612-2299 ELLIOTT ELYSE A 610 NORTH ST ASPEN, CO 81611 GOLDSMITH BARBARA L TRUST 733 25TH ST SANTA MONICA, CA 90402-3143 LUETKEMEYER JOHN A JR 8 SUZANNE F 50 1427 CLARKVIEW ROAD -STE 500 BALTIMORE, MO 21209 MG HOMES LLC 825 W NORTH ST ASPEN, CO 81611 8ONE RANDALL 280 NEWPORT CENTER DR #240 NEW PORT BEACH, CA 92660 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 FALENDER STEVEN 8 DEBRA 603 W GILLESPIE ST ASPEN, CO 81611 LAUDER LEONARD A 8 EVELYN H 2 E 67TH ST NEW YORK, NY 10021 MARCUS STEPHEN J PO BOX 1709 ASPEN, CO 81612 MUSIC ASSOCIATES OF ASPEN INC 2 MUSIC SCHOOL RD ASPEN, CO 81611-8500 EXHIBIT 9 ASPEN CENTER FOR PHYSICS 700 E GILLESPIE ASPEN, CO 81611 BREMER MALCOLM H 8 ANGEUKA S 18955 MEMORIAL N #550 HUMBLE, TX 77338 COLLINS CHARLES 8 JANICE S PO BOX HH ASPEN, CO 81612 EARNER CHARLES F 617 FRANKLIN PL #200 PELLA, IA 50219 LAUDER WILLIAM tl2 ET AL 767 5TH AVE 40TH FL NEW YORK, NY 10153 MARKALUNAS JAMES J 8 F2AMONA I 624 W NORTH ST ASPEN, CO 81611 ODOM JOHN A JR TRUSTEE 11490 W 38TH AVE WHEATRIDGE, CO 80033 PITKIN COUNTY SCHREIBER EUGENE H 8 STANFORD D UHLFELDER NAOMI 530 E MAIN ST STE 302 50 ~ PO BOX 1165 ASPEN, CO 81611 17 W PENNSYLVANIA AVE ASPEN, CO 81612 TOWSON, MD 21204 1 e ~~ .. , __ - ~ ~ ~~ :- ~, \, ~~ \,\ a~ig }oafoad dual p~ennuaaa0 a 43 ~ ~-_ _ ,~, :SMOatl~ilA13H1.~ ,~. -, ~ 1 \I //' f ~ ~ r P ~/ - ~ ~ ~ ~ ®® ~f ~ ~ i /-~- ~ ~ ~ ~" ~ ~ 1`1 / ~~ - ~~ 1 ~ ~ ~ \ t r ` \ ~ ~_ ~ V \ ~ ~ ~ \ . ~\~ ~ ~ \ \ 1 )~ ~~ 1 1 I /~ ~ ~ ~, '1 0 q iii ~ ~ b 4 Q °tl 0 _11 ~• 1.~ 0 ;l~~~r~~s,~~.~r~l1L•LL• ~~ -, _~~ X.~ ,orx,oz ~1 ufell~ ~~ ~N~ ~ ti~ T ,~ s~ ~--~ `` ice. ~' -,.. ,,~: ~i. - View from Anderson Park Catering Wing from East View from Anderson Park View from Willoughby Way at Magnifico Drive +/- .fi ~' PITKIN RESERVE HOMEOWNER'S ASSOCIATION P.O. Box 10493 Aspen, CO 81612 October 2, 2006 James Lindt Community Development Department 13C S. Galena Street Aspen, CO 81611 Re: Aspen Institute Tent Dear James, I am writing you on behalf of the Pitkin Reserve Homeowner's Association. The Aspen Institute installed a large, white tent directly in front of us two years ago. It was visually obtrusive and totally insensitive to all of the Institute's neighbors to the north. None of us had been notified of any public hearings prior to its approval, and it was an unwelcome surprise which interrupted an otherwise beautiful view. I contacted Amy Margerum at the Institute immediately, and she told me it was only temporary and would be removed once their new facility was completed. Last week, I heard rumor that the Institute was filing an application to make this a permanent tent. We are totally opposed to this. It is visually offensive and incompatible with the surrounding neighborhood. The Institute is a great amenity to our community but this tent is unacceptable to us as their contiguous property owners. Please include me on any notices of any public hearings the Planning Department has on this and pass on the objections of the Pitkin Reserve Homeowner's Association to thoce ir;vo!ved. Thank you for your help. Sincerely, teve Hansen President Pitkin Reserve Homeowner's Association SH/Isc ,. ,, ~~ ~~ ~. AFFIDAVTI' OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~^~ ~ 3~ ~ ( , Aspen,fCO SCHEDULED PUBLIC HEARING DATE: li 0~~- 1 ~ ~/ , 200 / STATE OF COLORADO ss. olPitkin ) I, ~ (~~~ Y~ ~~r~~ (name, please print) being or representing 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 ofnotice: 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. V Posting ofnotice: By posting ofnotice, 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 fifte~n (15) da s prior to the public hearing and was continuously visible from the day of X~'~ , 200, to and including the date and time of the public he ing. A ph ograph of the posted notice (sign) is attached hereto. / Mailing ofnotice. 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 i.s attached hereto. (continued on next page) 0 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 such amendments. The fore 'n , "Affidavit of Notice" was owledged befor me this ~` day of , 200, by ~~ / ~%vc,Ul~ ~~ Mme. WITNESS MY HAND AND OFFICIAL SEAL 4~11..n u'5~:~, e.:: ' ~ ~~' ., My c fission expires: of _ ; ` •~~ , ~, ~,° U Q ~-~ G'~ f ; ` otary Public ~'• ......••' oQ ~ .~' ., r~'~ .Tf•OP•~~.. W V o ~. -; ~ ~~ e~ • ~ ~- ;-. - x tJ. W ~ W V a ~ O F ~ _~ FW FtN =~O OWO ~°a o=_ 0 ~_~ ~3W K o`p WS ad.s =tt Fir= OCOJ ~_~~ ~~ ~iiq Y.WO S~ r~ ;4 TION NOTICE (SIG1V) ;NTAL AGENCIES NOTICED ~,1~ PUBLIC NOTICE I,v RE: ASPEN INSTITUTE TEMPORARY USE PERMIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 12, 2007, 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 28, 2007 -August 28, 2007. The subject property is located at 1000 North 3ra st. 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/Helen Kalin Klanderud. Mayor Aspen City Council Published in the Aspen Times on January 21, 2006 City of Aspen Account f-.R `~./ ..r 533 W FRANCIS LLC 715 W MAIN ST #203 ASPEN, CO 81611 ASPEN INSTITUTE INC 1000 NORTH THIRD ST ASPEN, CO 81611 CHRIST EPISCOPAL CHURCH C/O ANTHONY SCHEER PO BOX 2299 ASPEN, CO 81612-2299 ELLIOTT ELYSE A 610 NORTH ST ASPEN, CO 81611 GOLDSMITH BARBARA L TRUST 733 25TH ST SANTA MONICA, CA 90402-3143 LUETKEMEYER JOHN A JR & SUZANNE F 50% 1427 CLARKVIEW ROAD -STE 500 BALTIMORE, MD 21209 MG HOMES LLC 825 W NORTH ST ASPEN, CO 81611 AMERY SALADIN EBRAHIMIFRANCESCA HOUSE B21 BURNSIDE, 9 S BAY RD HONG KONG CHINA, BONE RANDALL 280 NEWPORT CENTER DR #240 NEWPORT BEACH, CA 92660 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 FALENDER STEVEN & DEBRA 603 W GILLESPIE ST ASPEN, CO 81611 IAUDER LEONARD A & EVELYN H 2 E 67TH ST NEW YORK, NY 10021 MARCUS STEPHEN J PO BOX 1709 ASPEN, CO 81612 MUSIC ASSOCIATES OF ASPEN INC 2 MUSIC SCHOOL RD ASPEN, CO 81611-8500 ASPEN CENTER FOR PHYSICS 700 E GILLESPIE ASPEN, CO 81611 BREMER MALCOLM H & ANGELIKA S 18955 MEMORIAL N #550 HUMBLE, TX 77338 COLLINS CHARLES & JANICE S PO BOX HH ASPEN, CO 81612 EARNER CHARLES F 617 FRANKLIN PL #200 PELLA,IA 50219 LAUDER WILLIAM 1/2 ET AL 767 5TH AVE 40TH FL NEW YORK, NY 10153 MARKALUNAS JAMES J 8 RAMONA I 624 W NORTH ST ASPEN, CO 81611 ODOM JOHN A JR TRUSTEE 11490 W 38TH AVE WHEATRIDGE, CO 80033 PITKIN COUNTY SCHREIBER EUGENE H & STANFORD D UHLFELDER NAOMI 530 E MAIN ST STE 302 50% PO BOX 1165 ASPEN, CO 81611 17 W PENNSYLVANIAAVE ASPEN, CO 81612 TOWSON, MD 21204 zl ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTI~OJN~ 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~ / U ~,~~~ ~ ~ ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: ~~~/.~ , 200 STATE OF COLORADO ) ) SS. Cotinty//o/~f Pitkin ~j ~) I, ~ ~l. (~l (VI ~'~(/ `/Y V ~ (name, please print) being or representing 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: ~ublicafion of notice: By the publication in the legal notice section of an official ` p"aver Oi a paper of general CuClllattOn in the Ci~' 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 whicfi was composed of letfers~iot '~ less than one inch in height. Said notice was posted at least fifteen G15) days ~' ,:;.prior to the public hearing and was continuously visible from the `day of :'' f ~ , 200_, to and including the date and time of the public ,~ `s keaTing: A photograph of the posted notice (sign) is attached hereto. ~'•. gig (s{notice. By the mailing of a notice obtained from the Community veh5pment 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 appeazed 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) 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 azea 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 (1S) days prior to the public hearing on such amendments. S'gnature The f ing "Affidavit of Notice" was aclmowledged before m s ~~ of Y~ , 200~by ~~(~~ DGL~~ PUBLIC N- pT- RE:ASPEN INSTRUTE TEMPpggqy USE PERMR WiTIvBSS AYi~ riAlv'D Atv'i) OPriCIAL SEAL My commission ex ices: ,~~~//,~ ~jf~ /fZ O ~'_J'~+~ ~--- Public 2y pUBC/C f ti.' ~ ~`i G~ Z ~ o.C jam"' ATTACHMENTS: ~ ~ ~ COPY OF THE P IIBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN LIST OF THE ORrNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL i sMelen Kelin Klentleruq Mayor I Aspen Ciry Council Pvhlishetl in the gspen Times Weekly on January 21,200).(116152) ~ ~> ~,. .... THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: January 23, 2007 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case ntunber, name, and property identification number assigned to this property are 0070.2006.ASLU, 1000 N. Third St. and 2735-121-29-809, respectively. I will be handling this case. ^ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. 4. 5. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. © Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2780 if you have any questions. You, <-- of Asp~n, (~ommunity Development Department G:\city\]essica\Cases\Aspen Institute\Temp Use\CompletenessLetter_AspenlnstituteTUP.doc i Ej Fto Er& Betwd {gavigete Fglm Repor(s Forp]et Tab Half ' ~ ~~. _.. ~ ""~ ~' ., xrd a e-mat about tits cQ~ 8 •, W _, ~~§~ hanp 1 ;~ gi :l t ;Routn9l~rctary Attadtmerds PemW Type ~aslu - Lard Use 2004 Pamd ri I'"""'.AAU I NTHIRD ST Addeas 1000 ~ ~ AptlSule~-~ - Pamdlrtwmatiom ~..._ __.. ........: ._._. _.. _... '. Masle(Parmdl _.~~ Routvg Ouaua ~as41ffi ~ Apptiad 12Jt3j2~6 _1 '. Poojaol ~ Status ~~~~ Appoved ~~~. Desc~ion EM~ USE F$RMIT FOR GREENWALD PANLION TENT FOR JUNE 6 -AU6 28~ Iszxd ~~ T ~ find ~_~ 6uhrtlted JIM OURTIS 920.1395 ~--'-~ Clodc.Ru'u'i+p Dayxl ~ E~tcs /210012007 m~~ Owner: -:_. ::. _ Last Name ~+~1INSTiTUTE ~ acS r Fnsl Name= ::: ::: _...._._......~.®_ 7~0 N THIRD ST ~~~ ASPEN W 81617 Phone 1(97019257010 ~ r Owrerls Applicant? .... .. Appbcant ~~ ~~~~ Last Nana `~++~-N 1F5T1TUTE .~ fast Name ~~~~ 1~O NTHIRD ST Phone ;1970j~925~7070 ~ fu3t q .25366 ~..~-~ ,ASPEN C081611 ,:;' Lends ... __--._____ _~_~ ~.. LastName S, v First Nama~ I Phoro { cr 0