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HomeMy WebLinkAboutresolution.council.020-02 RESOLUTION NO. ff.~ (Series of 2002) A RESOLUTION OF THE CITY OF ASPEN CITY OF ASPEN APPROVING A TEMPORARY USE REQUEST FOR 180 SPRING JAM AND APRES-SKI EVENTS AT THE ASPEN MOUNTAIN GONDOLA PLAZA, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2735-182-50-102 WHEREAS, the Community Development Department received an application from the Aspen Skiing Company (Applicant), represented by Chris Kiley, requesting the City Council grant a Temporary Use approval to hold the 180 Spring Jam and aPres-ski events at the Aspen Mountain Gondola Plaza at the Little Nell; and WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommended approval of the Temporary Use request; and WHEREAS, upon review of the application, the City of Aspen Special Events Committee, on March 5th 2002, recommended City Council approve this Temporary Use request with conditions contained herein; and WHEREAS, the Aspen 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 public hearing; and, WHEREAS, the City of Aspen City Council approved, by a vote of ~ to {~) (_ - _) allowing the Applicant to hold the 180 Spring Jam and apres-ski events at the Aspen Mountain Gondola Plaza at the Little Nell; and WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Commtmity Plan; and, WHEREAS, the City of Aspen 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 ON THE il~m DAY OF MARCH 2002, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City of Aspen City Council approved, by a vote of..~ to ~ (_ - __) to allow the Applicant to hold the 180 Spring Jam and apres-ski events at the Aspen Mountain Gondola Plaza at the Little Nell with the following conditions: 1. The Applicant is restricted to conducting the approved apres-ski and "180 Spring Jam" events on the weekends between March 16th and March 31st and all the days of the week , th between Apnl 6 to April 14th for a total of 17 days. 2. The Applicant shall work with residents in the area to resolve problems caused by the Temporary Use immediately including making a cell phone number available to Ski Co personnel in charge of the activities. 3. The Applicant shall issue a public service announcement to encourage people to take alternative modes of transportation to the event. 4. The Special Events Committee recommends City Council approve noise variances for all event days not to exceed 100 decibels. In addition, the Applicant shall purchase and use a noise gauge in order to self-monitor the noise levels. 5. The Applicant shall provide the City Attorney's office with a copy of the Ski Co certificate of insurance prior to the event. 6. The Applicant shall not place any commercial banners or signs during the event that do not comply with the City's sign code. 7. The Applicant shall submit a Land Use Application to the City of Aspen to amend the current Little Nell SPA to include these types of events as a permitted use. The Applicant shall be required to submit this application within 90 days of the approval date of this Temporary Use permit. Failure to submit this application by June 11th, 2002 shall preclude the Applicant from applying for any Temporary Use permit in the future for this type of an event. Section 2 All material representations and commitments made by the Applicant pursuant to the development proposal approvals 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 3: This Resolution shall not effect 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 4: If any section, subsection, sentence, clanse, 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 at its regular meeting on March 11, 2002. APPROVED~/~_/~,///) ~ -/-~AS TO FORM: ~ Jo ~i~Fl~r~e~ter,, .~, Cit~ Attorney Helen Ka~ ~a~ ~y~ ~ ATTEST Kath~n Koc~Aspen ~i~ Clerk 7 EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS When considering a development application for a temporary use, City Council shall consider, among other pertinent factors, the following criteria. The location, size, design, operating characteristics, and visual impacts of the proposed use. Staff Finding Staff believes the location, operating characteristics, and visual impacts of the proposed 180 Spring Jam and aprbs-ski events are appropriate given that the Applicant has spoken with many of the adjacent neighbors and has met with the Special Events Committee who has reviewed and approved the events. Staff believes this criterion is met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Staff Finding Staff believes the proposed temporary use is compatible with the character of the density and use of structures at the base of Aspen Mountain. The immediate area consists of multi-family residential, tourist accommodations, and a variety of commercial uses related to the ski industry. Aspen Skiing Company proved, by holding the event last year that this event can be a successful apres-ski event at the base of Aspen Mountain and has proven that this event as well as many others are compatible with this area such as 24 Hours o£Aspen and the World Cup races. Staff believes this criterion is met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. Staff Finding The event is intended to attract the mountain's skiers to a festive atmosphere at the base area at the end of the day. Most pedestrian and vehicular traffic should be minimal as a majority of people would have already been on the mountain all day; people working, living, and visiting town will likely walk to the event, and others coming to the events will likely take the bus. Staff has added a condition of approval requiring the Applicant to issue public service announcements encouraging people to take alternative modes of transportation to the event. The Applicant met with the Special Events Committee which reconunended City Council approve noise variances for 17 days that do not exceed 100 decibels at the proPerty linel Staff believes the adverse impacts of the proposed use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character will be minimal based on the Special Events Committee's approval of the events and neighborhood input. Specifically, the events are to be held no earlier than 2:00 PM and shall extcmd no later than 6:00 PM each day. Staff believes the positive impacts on the neighborhood character - downtown, lodges, restaurants, shops, etc. will be substantial. Staff believes this criterion is met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, propertg or location as proposed in the application. Staff Finding Tempormy Use approval was granted last year for the same event. This year the event will nm during the weekends between March 16th and March 31st and to hold the "180 Spring Jam" from April 6th through April 14th at the Silver Queen Gondola Plaza at the, base of Aspen Mountain. The events would occur from 2:00 PM to 6:00 PM daily. Other events approved for this area have included the 24 Hours of Aspen, World Cup, and more. Staff believes this criterion is met. E. The purposes and intent of the zone district in which the temporary use is proposed. Staff Finding Two zone districts and one overlay zone district exist in the immediate area. The Silver Queen Gondola is partly zoned Commercial Core, and partly zoned Conservation. The Little Nell SPA Overlay Zone District also exists on the property. Ski lift and ski facilities is a conditional use within the Conservation Zone District, and the Little Nell SPA Agreement allows "Restaurant and Little Nell apres-ski deck" as a permitted use. Staff believes the proposed temporary use is compatible with these zone districts. 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. Staff Finding Staff believes the temporary use will help restore the vibrant atmosphere that once existed at the base of Aspen Mountain, and boost the local economy during a slower time of the year in the Commercial Core Zone District. Staff believes this criterion is met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Staff Finding This temporary use is expected to enhance the public health, safety, and general welfare of the community by providing a significant boost to the economy during a slower time of the year, and provide an opportunity for skiers and downtown workers, residents, and visitors to gather for spring time fun. Staffbelieves this criterion is met.