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RECEPTION#: 698979, R: $33.00, D: $0.00
DOC CODE: ORDINANCE
Pg 1 of 5, 11/30/2023 at 02:53009 PM
Ingrid K. Grueter, Pitkin County, CO
ORDINANCE #18
(SERIES OF 2023)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MINOR
AMENDMENT TO A PLANNED DEVELOPMENT FOR PROJECT REVIEW,
GROWTH MANAGEMENT REVIEW, AND COMMERCIAL DESIGN REVIEW, TO
ACCOMMODATE SEASONAL STRUCTURES, FOR THE INSTALLATION OF
RENEWABLE ENERGY EQUIPMENT, AND A FENCE HEIGHT VARIATION AT 315 E.
DEAN STREET, LEGALLY DESCRIBED AS HOTEL UNIT AND COMMERCIAL UNIT,
ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM MAP, ACCORDING TO
THE PLAT RECORDED JANUARY 21, 20059 IN PLAT BOOK 71 AT PAGE 86 AS
RECEPTION NO. 506327 AND AS DEFINED AND DESCRIBED IN THE
DECLARATION AND PLAN OF THE CLUB OWNERSHIP FOR ASPEN RESIDENCE
CLUB AND HOTEL CONDOMINIUM RECORDED JANUARY 21, 20059 AS
RECEPTION NO.506236, COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID: 2737-182-85-033
WHEREAS, the Community Development Department received an application from Aspen
Owner LLC c/o St. Regis Aspen Resort, 315 E. Dean Street, Aspen, CO 81611 (the Applicant),
requesting approval for a Minor Amendment to a Planned Development for Project Review,
Growth Management Review and Commercial Design Review; and,
WHEREAS, the application proposes:
• Development rights to erect up to three seasonal structures for up to one hundred and
fifty (150) days per year,
• To install renewable energy equipment,
• A variation to install a street -facing fence up to ten feet in height; and,
WHEREAS, for a Minor Amendment to a Planned Development for Project Review, the
application shall meet the requirements of Aspen Municipal Code Section 26.445.110.d, Minor
Amendment to a Project Review Approval, 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 Community Development Department Staff reviewed the application for
compliance with the applicable review standards; and,
WHEREAS, upon review of the application and applicable Land Use Code standards, the
Community Development Director recommended approval of the Minor Amendment to a Planned
Council OrdinanceSeries of 2023
Page 1
Development to allow for the ability to erect seasonal structures with conditions), to install
renewable energy equipment (with conditions) and for the minimum variance from heightneeded
to meet building code; and,
WHEREAS, the Aspen City Council has reviewed and considered the request 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
comments at a public hearing; and,
WHEREAS, the Aspen City Council finds that the proposal for a Minor Amendment to a
Planned Development for Project Review, Growth Management Review, and Commercial Design
Review meets the applicable land use standards of the Land Use Code; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED, THE ASPEN CITY COUNCIL APPROVES
THE FOLLOWING:
Section 1: Minor Amendment to a Planned Development for Project Review:
a. As set forth in Table I, three seasonal structures and the floor area associated therewith are
approved as part of the Planned Development.
b. The structures shall be limited to the uses allowed by -right pursuant to underlying zoning.
Future requests to accommodate conditional uses as prescribed per underlying zoning shall
require subsequent land use reviews, including but not limited to Conditional Use Review and
the applicable PD Amendment review.
Table I: Seasonal Structures Dimensional Table
Mill Street Courtyard
One Tent
150 days per year Up to 1,000 sq. ft.
Fountain Courtyard Four Yurts 150 days per year up to 848 sq. ft.
(cumulative of allyurts)
Mountain Plaza
One dome 150 days per year up to 707 sq. ft.
c. A variation from height for the fence represented in the application is hereby approved. The
fence shall not exceed ten (10) feet in height as measured per Title 26 of the Land Use Code.
d. A site plan depicting the fence footprint and top of wall/bottom of wall shall be submitted
within one hundred and eighty (180) days following issuance of the development order. The
site plan shall be submitted prior to issuance of fence permit.
e. Renewable energy equipment, including but not limited to photovoltaic facilities, battery
storage systems, and EV charging stations are approved as part of the Planned Development.
Council OrdinanceSer0
es of 2023
These improvements shall comply with dimensional standards prescribed pursuant to Title 26
of the Land Use Code and any applicable limitations set forth in the PD.
➢ The photovoltaic facility and battery storage system shall be fully installed and
operational no later than Winter 2024-2025. The Community Development Director
reserves the right to withhold issuance of future tent permits until this condition is met.
Section 2: Growth Management Review:
L Affordable housing mitigation for the seasonal structures identified in Table I shall be assessed
based on the formula set forth in Exhibit A to this Ordinance. A credit of fourteen (14) days
shall be applied to each structure for each twelve (12) month period. Mitigation for all seasonal
structures shall be paid at the time of tent permit for the first seasonal structure.
b. Tent/building permits shall be submitted. a minimum of ten (10) days prior to erecting any
seasonal structure.
c. 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 structures for one hundred and fifty (150) days per year (subject to the fourteen
(14) day credit), based on the maximum permissible floor area of all seasonal structures set
forth in Table I, regardless of changes proposed in any given year.
d. Applicant shall conduct an audit of the resort operations employee generation, including that
associated with the seasonal structures approved under Section 1 of this Ordinance (the "Two
Year Audit"). The Two -Year Audit shall be conducted and the results thereof submitted to the
Community Development Director within two (2) years of the effective date of this Ordinance.
If the Two -Year Audit determines that more than three hundred and thirty-one (331) FTEs are
generated from resort operations, per the First Amended PUD Agreement, additional
mitigation shall be assessed for sixty (60) percent of the number in excess of 331 FTEs as
follows:
➢ If the total mitigation requirement resulting from the Two -Year Audit is less than 0.1
FTEs, a cash -in -lieu payment may be made by right. If the total mitigation requirement
is 0.1 or more FTEs, a cash -in -lieu payment shall require City Council approval.
➢ If City Council does not approve a cash -in -lieu payment for mitigation exceeding 0.1
FTEs, mitigation shall be in the form of affordable housing or certificates of affordable
housing credits as prescribed in Title 26 of the Land Use Code.
In the event that additional housing mitigation is required, the Community Development Director
reserves the right to withhold issuing tent permits for seasonal structures until mitigation
requirements are met to the satisfaction of the Director.
Section 3: Commercial Design Review:
a. A fence permit is required to erect the approved fence.
b. Fence materials shall be limited to those allowed pursuant to Title 26 of the Land Use code.
c. The fence design shall be mostly transparent to maintain openness between the resort and the
street.
Council Ordinance #18, Series of 2023
Section 4: Material Representations
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 Council, are hereby incorporated in such site development approvals and the same shall
be complied with as if fully set forth herein, unless amended by an authorized entity.
Section 5: Existing gation
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 priorordinances.
Section 6: 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.
INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City
Council of the City of Aspen on the 1 Ot' day of October 2023.
ATTEST:
An
a M�Xr!100
Nicole Henning, City Clerk
Torre, Mayor
FINALLY, adopted, passed, and approved by a five to zero (5 — 0) vote on this 30t�' day of October
2023.
Approved as to form: Approved as to content:
James-R. True, City Attorney
i�icoie nennmg, �,iiy �,ierx
rre, Mayor
Council Ordinance # 18, Series of 2023
EXHIBIT A
Affordable Housing Cash -in -Lieu Formula
• Combined area of all seasonal structures in Table I: 2,555 square feet
• 2,555 sq. ft./1,000 sq. ft. = 2.555 sq. ft.
• 2.555 sq. ft. x 4.7 FTEs = 12.00 FTEs generated
• 12 FTEs x 65%mitigation rate = 7.8 FTEs if structures used for 365 days
• 7.8 FTEs/365 days = .0214 FTEs/day
• Days to be mitigated — 150 days — 14 day credit — 136 days
• .0214 x 136 days = 2.9104 FTEs to be mitigated
• 2.9104 FTEs x $328,533 cash -in -lieu rate = $956,220.65
• $956,220.65/30 year life span = $31,874.02* per year until the earlier of (1) 30 years from
the effective date of Ordinance #18, Series 2023, or (ii) the Planned Development is
amended to eliminate use of seasonal structures
*The annual cash -in -lieu payment shall increase annually by the greater of 3% or CPI. "CPI" means
the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items,
not seasonally adjusted, 1984=100 reference base, published by the United States Department of
Labor, Bureau of Labor Statistics.
Council Ordinance # 18, Series of 2023