HomeMy WebLinkAboutOrdinance No. 18_Series of 2023_Option B_Staff RecommendationOPTION B: REFLECTS STAFFS RECOMMENDATION
Council Ordinance #18, Series of 2023
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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 VARIANCE 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, 2005 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, 2005 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 26.470.050.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
OPTION B: REFLECTS STAFFS RECOMMENDATION
Council Ordinance #18, Series of 2023
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Development to allow for the ability to erect seasonal structures (with conditions), to install
renewable energy equipment (with conditions) and for the minimum variation from height needed
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 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.
Location Improvement Length of Time
Per Year
Dimensions
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 all yurts)
Mountain Plaza One dome 150 days per year up to 707 sq. ft.
c. The minimum variation from height to meet building code compliance is hereby approved for
the fence along Monarch Street.
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.
Table I: Seasonal Structures Dimensional Table
OPTION B: REFLECTS STAFFS RECOMMENDATION
Council Ordinance #18, Series of 2023
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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:
a. 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.
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, based on the
dimensions set forth in Table I, regardless of changes proposed in any given year. In the event
that no structures are proposed in a given year, no mitigation shall be assessed.
d. The Community Development Director is authorized to require periodic employee generation
audits to confirm actual employee generation. If future audits determine that more than three
hundred and thirty-one (331) FTEs are generated from resort operations, additional mitigation
shall be assessed for sixty-five (65) percent of the number in excess.
If the total mitigation requirement resulting from an 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.
Mitigation exceeding 0.1 FTEs 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.
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.
OPTION B: REFLECTS STAFFS RECOMMENDATION
Council Ordinance #18, Series of 2023
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Section 5: 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.
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 10th day of October 2023.
ATTEST:
___________________________________ ________________________
Nicole Henning, City Clerk Torre, Mayor
FINALLY, adopted, passed, and approved by a _ to _ (_-_) vote on this ____ day of _____2023.
Approved as to form: Approved as to content:
____________________________ ________________________
James R. True, City Attorney Torre, Mayor
Attest:
____________________________
Nicole Henning, City Clerk