HomeMy WebLinkAboutresolution.council.158-231111111111111111III IIIII 11111111111111 II 1III IIIII11111111111111111II IIII
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DOC CODE: RESOLUTION
Pg 1 of 3, 11/30/2023 at 02:53:07 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION # 158
(SERIES OF 2023)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING TWO
SEASONAL USE TENTS AT 315 EAST DEAN STREET, LEGALLY DESCRIBED AS
HOTEL UNIT AND COMMERCIAL UNIT ASPEN RESIDENCE CLUB AND HOTEL
CONDOMINIUM MAP ACCORDING TO THE PLAT RECORDED JANUARY 21, 2005
IN PLAT BOOK 71 AT PAGE 86 AS RECEPTION NO, 506237 AND AS DEFINED AND
DESCRIBED IN THE DECLARATION AND PLAN OF THE CLUB OWNERSHIP FOR
ASPEN RESIDENCE CLUB AND HOTEL CONDOMOMINIUM RECORDED
JANUARY 21, 20059 AS RECEPTION NO. 506236, COUNTY OF PITKIN, STATE OF
COLORADO.
Parcel ID: 2737-182-85-nil
WHEREAS, the Community Development Department received an application from
Aspen Owner, LLC c/o St. Regis Aspen Resort, 315 E. Dean Street, Aspen, CO (the Appli Acant),
requesting Temporary Use approval to erect two (2) tents for 40 (forty) days per year from winter
2023 — 2024 through winter 2026 — 2027; and,
WHERAS, the proposed tents are intended to supplement operations of the special
events tent previously approved by Council via Resolution 4158, Series of 2017 and extended
via Resolution #128, Series of 2022; and,
WHEREAS, for approval of Temporary/Seasonal Uses, the application shall meet the
requirements ot Aspen Municipal Code Section 26.450.050, Temporary Uses; and,
WHEREAS, for approval of Growth Management Review, the application shall meet the
requirements of Aspen Municipal Code Section 26.470.OSO.c, Employee Generation Review; and,
WHEREAS, for approval of Commercial Design Review, the application shall meet the
requirements of Aspen. Municipal Code Section 26.412.090.b, Substantial Amendments; and,
WHEREAS, the Aspen City Council reviewed the application and considered the
Temporary Use proposal under the applicable provisions of the Municipal Code as identified
herein, has reviewed, and considered the recommendation of the Community Development
Director, has taken and considered public comment at a duly noticed public hearing; and,
WHEREAS, the Aspen City Council finds that the request for Temporary Use,
Commercial Design Review, and Growth. Management Review meets the applicable land use
standards and voted five to zero (5 - 0) on October 30, 2023 to approve the request; and,
WHEREAS, the Aspen City Council approves the tents, allowing for the seasonal uses for
up to four (4) years (from winter 2023-2024 to winter 2026-2027); and.
WHEREAS, the Aspen City Council finds that this resolution furthers and is necessary
for the promotion of public health, safety and welfare.
Council Resolution #158, Series of 2023
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT.
Section 1: Seasonal/Temporary Use Review
a. For the purpose of clarity and continuity, this resolution replaces and supersedes Council
Resolution #158, Series 2017 and Council Resolution #128, Series 2022 by carrying forward
and memorializing prior approvals of the Special Events Tents within the Fountain Courtyard.
b. As set forth in Table 1, three seasonal structures are approved for up to four winter seasons
(2023 2024 through 2026 — 2027)
c. The structures shall be limited to those allowed by -right pursuant to underlying zoning.
Table I: Temporary Structures
Location
Improvement
Length of Time (Every 12-Months)
Dimensions
Fountain
Courtyard
Special
Events Tent
40 days / year through winter 2026 — 2027
(Carried forward from Council Resolution
#158, Series 2017 and Council Resolution
#128, Series 2022)
3,960 sq. ft.
Two Tents
40 days / year through winter 2026 — 2027
200 sq. ft. / tent
Section 2: Growth Management
a. A complete tent/building permit application shall be submitted at least ten (10) days prior to the
day in which each improvement is to be erected. Permit approval shall require verification from
the Aspen Fire Department that each structure meets necessary life -safety requirements.
b. The Applicant reserves the right to reduce the number of structures, size of structures and
duration in which structures are erected each year. However, mitigation shall be paid as a lump
sum for all three (3) structures for forty (40) days per year, based on the dimensions set forth
in Table I, regardless of changes proposed in any given year.
c. Affordable housing mitigation shall be assessed based on current code requirements and fee -
in -lieu rates at the time of permit. A credit of fourteen (14) days shall be applied to one structure
for each twelve-month period. Mitigation shall be paid at the time of tent permit.
Section 3: Material Representations
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 4: Existing Litigation
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.
Council Resolution #158, Series of 2023
Section 5: Severability
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 30��' day of October 20230
Approved as to form:
Jairfes R. True, City Attorney
Attest:
0
Nicole Henning, City Cl
Approved as to content:
Torre, Mayor
Council Resolution #158, Series of 2023