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Home My WebLink Aboutordinance.council.05-241111111111111III1I1111111111111111111II1III1111111111111111111111111111 RECEPTION#: 703174, R: $33.009 D: $0.00 DOC CODE: ORDINANCE Pg 1 of 59 06/27/2024 at 09:46:00 AM Ingrid K. Grueter, Pitkin County, CO ORDINANCE #05 (SERIES OF 2024) 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 AT 845 MEADOWS RD., LEGALLY DESCRIBED AS LOT 1A, THE ASPEN MEADOWS SUBDIVISION, ACCORDING TO THE ASPEN MEADOWS FINAL S.P.A. DEVELOPMENT PLAN AND FINAL SUBDIVISION PLAT RECORDED JUNE 249 1992 IN PLAT BOOK 28 AT PAGE 5 AS RECEPTION NO. 340938, AND FIRST AMENDMENT TO THE ASPEN MEADOWS FINAL S.P.A. DEVELOPMENT PLAN AND FINAL SUBDIVISION PLAT RECORDED DECEMBER 17, 1992 IN PLAT BOOK 30 AT PAGE 17 AS RECEPTION NO. 3519519 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 AND AMENDMENT RECORDED MARCH 9, 2017 IN PLAT BOOK 118 AT PAGE 85 AS RECEPTION NO.636682., COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2735-121-29-008 2735-121-29-809 2735-121-29-802 2735421-29-803 WHEREAS, the Community Development Department received an application from Jordon Kern c/o Aspen Institute, 1000 N 3' St., Aspen, CO 81611 (the Applicant), requesting approval for a Minor Amendment to a Planned Development for Project Review, Growth Management Review, Temporary Use, and Commercial Design Review; and, WHEREAS, the application requests development rights to erect up to 14 seasonal structures for up to forty-eight days per year, an.d, 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, Minos 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, for approval of Temporary Use Review, the application shall meet the requirements of Aspen Municipal Code Section 26.450 Tempo�a�y and Seasonal Uses; and, WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, Council Ordinance #05, Series of 2024 Page 1 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 Development to allow for the ability to erect seasonal structures (with conditions); 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, Commercial Design Review, and Temporary Use 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: ° IC/0�Y9n�' 6YYiPi9i'ili9^iQ3rrit fin a5 CDC+3Y9➢ii3PC CO®.TaCta7'a�iin��- $ns= CDs-0r.inr.� CJa�r�i®.cY�. 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: IDEAS Festival Seasonal Structures Dimensional Table Council Ordinance #O5, Series of 2024 Page 2 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. Minimal changes to the square footage (less than 10% larger) of each tent may be approved administratively, as necessary. Section 2: Growth Management Review: a. Affordable housing mitigation for the seasonal structures identified in Table I shall be assessed based on the formula set forth in 26.470.090.H. 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 fourteen (14) structures for the sum of the mitigation days for all approved tents (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. Table II: Affordable Housing Mitigation Methodology Table Tent Location Sq Ft Total Days Mitigation Days IDEAS Pavilion 5580 24 10 Pae cke Lawn 2700 14 0 East Lawn 2400 17 3 SPONSOR 1(Wells) 800 15 1 Koch Service 2400 14 0 North Star 1 900 17 3 North Star 2 1600 15 1 Sponsor 2 Grove 1 1600 15 1 Sponsor 3 Grove 2 400 15 1 Sponsor 4 Grove 3 400 15 1 Marble Garden 1 3300 17 3 July Event 3300 15 1 August Event 3300 9 0 Marble Garden 2 1600 17 3 Marble Garden 3 400 17 3 Boettcher 2000 21 7 2024 Temporary Uses Affordable Housing Mitigation Fee: $99875.76* *This annual mitigation fee was calculated under the methodology in place at the time of Council adoption and is subject to change in future years as code amendments occur. In the event that additional housing mitigation is required, the Community Development Director Council Ordinance #05, Series of 2024 reserves the right to withhold issuing tent permits for seasonal structures until mitigation requirements are met to the satisfaction of the Director. Section 3: 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. • {� V1C1�1HR T 1T11tA41 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 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. INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City Council of the City of Aspen on the 23" day of April 2024. ATTEST: Nicole Henning, City ClArk Torre, Mayor FINALLY, adopted, passed, and approved by a �-tn �;�� vote on this 28th day of May 2024. Approved as to form: es R. True, City Attorney Attest: f Nicole Henning, City Clerk oved as Apprto content: Torre, Mayor Council Ordinance #O5, Series of 2024 Page 4 Exhibit A Council -Approved Tent Locations Marble Garden North Star The Grove s A a r� N �• i :, � Approved Tent 0 Locations fo OU ZI A: 3 tents r B: 3 tents c: 2 tents +� D: 1 tent E: 2 tents F: 3 tents G: 1 tent H: 1 tent I: 1 tent Meadows L Greenwald PavilionA Aspen Institute: Approved Tent Locations Mayer Courtyard A� Y rf Ab 4 Paepke Auditorium 3� Boettcher Building Tent East Lawn G IDEAS Pavilion i Council Ordinance #O5, Series of 2024 Page 5