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Home My WebLink Aboutresolution.council.049-19 RECEPTION#: 655937, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3,05/15/2019 at 11:15:36 AM Janice K.Vos Caudill, Pitkin County, CO RESOLUTION NO. 49 (SERIES OF 2019) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A TEMPORARY USE REQUEST FOR EXTENDED USE OF THE GREENWALD PAVILLION AT 1010 N THIRD STREET, LEGALLY DESCRIBED AS LOT 1-B, THE ASPEN MEADOWS SUBDIVISION, ACCORDING TO THE ASPEN MEADOWS FINAL SPA DEVELOPMENT PLAN AND FINAL SUBDIVISION PLAT RECORDED JUNE 24, 1992 IN PLAT BOOK 28 AT PAGE 5 AS RECEPTION NO. 340936, AND FIRST AMENDMENT TO THE ASPEN MEADOWS FINAL SPA DEVELOPMENT PLAN AND FINAL SUBDIVISION PLAT RECORDED DECEMBER 17, 1992 IN PLAT BOOK 30 AT PAGE 17 AS RECEPTION NO. 351951, AMENDMENT RECORDED APRIL 18, 2005 IN PLAT BOOK 72 AT PAGE 68 AND AMENDMENT RECORDED APRIL 11, 2006 IN PLAT BOOK 78 AT PAGE 35, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 273512129809 WHEREAS, the Community Development Department received an application from Jason MacEachen, on behalf of The Aspen Institute Inc., requesting Temporary Use approval to erect the Greenwald Pavilion tent on May 14th, or, thirty-four (34) days earlier than approved via Ordinance No. 4, Series of 2009, with no annual recurrences; and WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may grant a temporary use approval for up to 180 days, and no more than ten (10) annual recurrences; and, WHEREAS, the applicant received approval via Ordinance No. 4, Series of 2009 that allowed for the Greenwald Pavilion tent to be erected every year from "the last Monday in June to the 4th Sunday in August (with set-up one week before and take down one week after the final Sunday of events)"; and, WHEREAS, the City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on April 22, 2019; and, WHEREAS, the City Council approves the Greenwald Pavilion to be erected on May 14, 2019, or thirty-four (34) days earlier than approved via Ordinance No. 4, Series of 2009, in the same location with no changes to the design; and, WHEREAS, the City Council finds that the request for the extended temporary use proposal for the Greenwald Pavilion to be in accordance with the applicable development standards associated with the request; and, 1 WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety and welfare. WHEREAS, the City Council approved Resolution No. 49, Series of 2019, by a four to zero (4-0) vote, granting Temporary Use approval as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Temporary Use request to allow the erection of the Greenwald Pavilion on the Aspen Institute property as early as May 14, 2019, or, thirty-four (34) days earlier than allowed via Ordinance No. 4, Series of 2009 with no annual recurrences. The total days in which the Greenwald Pavilion can be erected in 2019 is one-hundred and ten (110) days. No changes to the design were proposed or are included in this resolution. Section 2• Temporary structures that are approved on a site for a period greater than fourteen (14) days, support commercial uses, and are located on commercial property are subject to growth management review, resulting in affordable housing mitigation. The Aspen Institute is an Essential Public Facility and is not considered a commercial use and therefore is not subject to Growth Management review and no affordable housing mitigation is required for the application. Section 3• With the exception of the dates of allowed use, all other conditions included in Ordinance No. 4, Series of 2009 remain in effect and are unchanged by this resolution. Section 4• All temporary use structures on site must comply with the Outdoor Lighting Requirements outlined in Section 26.575.150 of the Land Use Code. Section 5• A tent permit approval, including verification from the Aspen Fire Department that the structure meets all necessary safety requirements, is required prior to the erection of each temporary structure. If the Fire Department is unable to approve a tent in a given location it may not be erected. Section : All material representations and commitments made by the Applicant pursuant to the 2 temporary use proposal as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7• 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 conducted and concluded under such prior ordinances. Section 8• 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 BY the City Council of the City of Aspen on this 22nd day of April 2019. jAttesJI-71 171171 / i 1 6 v" inda Manning,City Clerk Steve Skadro , Mayor Approved as to form: mes R. True, City Attorney 3