HomeMy WebLinkAboutresolution.council.091-19 RECEPTION#: 659064, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3,09/27/2019 at 12:58:32 PM
RESOLUTION NO. 91 Janice K.Vos Caudill, Pitkin County, CO
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
TEMPORARY USE AT 433 E. DURANT AVE., LEGALLY DESCRIBED AS LOT 6,
ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT, CITY
AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 273718285006
WHEREAS, the Community Development Department received an application from
Chris Bendon of BendonAdams, LLC, on behalf of G.A. Resort Condo. Association, Inc., c/o
Hyatt Residence Club, Bob Weisman, President, requesting a Temporary Use approval to
install a temporary, portable, outdoor ice-skating rink refrigeration system for one-hundred
and forty (140) days per year, contingent upon the active development of plans and a land use
application for the future use of the site; 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, via Ordinance 12, Series 1992, the site was previously approved as a Park
and Ice-Skating Rink to provide a public amenity and open space in conjunction with the
development of the Aspen Mountain Subdivision and the lodge property presently known as the
Grant Hyatt Aspen; 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 August 12, 2019; and,
WHEREAS, the City Council approves the Temporary Use for one-hundred and forty
(140) days per year, and contingent upon the active development of plans and a land use
application for the future use of the site; and,
WHEREAS,the City Council finds that the request for the extended temporary use to be
in accordance with the applicable development standards associated with the request; 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 THE CITY OF
ASPEN, COLORADO, THAT:
Section L
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, City Council hereby approves a Temporary Use request to allow the use of a
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temporary, portable, outdoor ice-skating rink refrigeration system for one-hundred and forty
(140) days, from approximately November 21", 2019 to March 31", 2020.
The temporary, portable, outdoor ice-skating rink refrigeration system shall perform at all
times in accordance with the specifications for a Trane CGAM130 on file in the Community
Development Department. Should the noise or visual impacts from the unit exceed at any
time those represented by the applicant or manufacturer or should the skating surface and
park experience fail to meet the requirements of the amenity approved by Ordinance No. 12,
Series 1992, the Community Development Director may revoke this Temporary Use
approval. At such time, the applicant shall be required to provide a refrigerated ice-skating
surface in accordance with the approval granted in Ordinance No. 12, Series 1992.
Section 2:
The approved Temporary Use is subject to the criteria established in Land Use Code section
26.450.040 and the final site design, maintenance and management plans submitted to the
Community Development Department. Screening for the refrigeration unit shall be provided
and approved by the Community Development Department prior to the issuance of the
Temporary Use. Additionally, the approved Temporary Use may be subject to review for
compliance with applicable Commercial Design Guidelines and the Commercial Design Review
regulations provided in Land Use Code section 26.412.
Section 3:
The Temporary Use on site must comply with the Outdoor Lighting Requirements outlined in
Section 26.575.150 of the Land Use Code.
Section 4:
The approved Temporary Use on site does not modify the existing approved use of the site as
described in Ordinance No. 12, Series 1992. Upon expiration of the approved Temporary Use, the
use of the site shall be returned to its existing condition or modified in accordance with an approved
Planned Development Amendment.
Section 5:
All material representations and commitments made by the Applicant pursuant to the
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 6:
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 7:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
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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 91" day of September 2019.
Att
7 47�,T�r
C'
Linda Manning,City I
lerk Torre, Mayor
Approved as to form:
mes R. True,City Attorney
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