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ORDINANCE NO. 38
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBSTANTIAL
AMENDMENT OF THE SPECIALLY PLANNED AREA (SPA) FOR LOT #2 OF THE
ASPEN MEADOWS SUBDMSION, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, The Aspen Music Festival and School, applicant, (a.k.a. The Music
Associates of Aspen, MAA) submitted an application (development proposal) to the Community
Development Department for the redevelopment of the "Music Tent" in accordance with the
development approvals granted by City Council Ordinance No. 14, Series 1991, with the addition
of an underground connection to "Harris Hall," a facility also located on Lot # 2 of the Aspen
Meadows Subdivision; and,
WHEREAS, the development proposal qualifies as a Substantial Amendment and requires
review according to the terms and procedures of the final SPA Development Plan review pursuant
to Section 26.80; and,
WHEREAS, the Planning Department reviewed the development proposal in accordance
with all applicable procedure and review criteria set forth in Sections 26.28, 26.52, 26.80, and
26.100 of the Municipal Code; and,
WHEREAS, the Historic Preservation Commission conducted a public hearing on August
12, 1998, as a referral agency, and recommended approval of the proposed architecture for the new
Music Tent by a 4 to I vote; and.
WHEREAS, the Planning and Zoning Commission conducted a public hearing on
September 22, 1998, in accordance with Section 26.52 of the Municipal Code, reviewed the
development proposal in accordance with all applicable procedures and review criteria set forth in
Sections 26.28, 26.52, and 26.80 of the Municipal Code and recommended, by a 4 to 2 vote,
Council approve the Substantial Amendment to the Specially Planned Area; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified in Sections 26.28,
26.52, 26.80, and 26.100 of the Municipal Code, has reviewed arid considered the
!~ Ordinance No. 38, Series 1998
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(' recommendations made by the Community Development Director, and the Planning and Zoning
Commission and has taken and considered public comment at a public hearing; and,
WHEREAS, the 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 Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public
health, safety, and welfare. .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
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Section 1:
That it does hereby grant an amendment to the Specially Planned Area (SPA) Development Plan
and Agreement approving the development proposed for the redevelopment of the "Music Tent"
and associated improvements on the parcel as shown on the Final Development Plan. The
applicant shall record a Final SPA Development Plan and SPA Agreement within 240 days of the
final adoption of this Ordinance.
Section 2:
Pursuant to Sections 26.28, 26.52, and 26.80, and subject to those conditions of approval as
specified hereinafter, the City Council hereby grants approval for an amendment to Lot #2 of the
Aspen Meadows Specially Planned Area (SPA) for the redevelopment of the "Music Tent" and
associated improvements on the parcel as represented, with the following conditions:
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1. Within 240 days after fmal approval by City Council and prior to issuance of a Building Permit, the
applicant shall record a Final SPA development plan. This plan shall include all necessary plat
requirements of the City Engineer including site plans, grading plans, utility plans, all utility
easements, architectural plans and elevations, and a landscape plan.
2. Within 240 days after final approval by City Council and prior to issuance of a building permit, the
applicant shall record a SPA Amendment agreement binding this property, Aspen Meadows Lot #2,
to this development order and to the un-amended provisions of the 199 I Agreement. The Agreement
shall describe maintenance of the parcel's common access ways and provide a 2 year guarantee on
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landscape improvements, including trees, starting on the issuance day of the Certificate of
Occupancy. The Agreement shall include the staging, construction traffic, and general safety plans as
described herein. The Agreement shall limit the use of the tent to a season of Memorial Day
weekend through Labor Day weekend, limit the number of fixed seats to 2,050, and prohibit the use
of folding chairs for audience seating or any other type of temporary public seating. Modifications of
the seating provision shall be considered a substantial amel\dment. Occasional off-season use of the
Tent may be approved as a Temporary Use by the City Council. Off-season use of the Tent for High
School graduation, the I.D.C.A., and memorial services. shall not have to obtain a Temporary Use
Permit. The agreement shall be approved by the City Attorney prior to recordation.
3. Prior to issuance of a Building Pennit, the applicant shall provide to the Engineering Department a
Soils Report, Drainage Report, and an Erosion and Sedimentation Plan for during and after
construction, all prepared by a Colorado licensed Civil Engineer. If a ground recharge system is
required, a soil percolation report will be required to correctly size the facility. A 2-year stonn
frequency should be used in designing any drainage improvements.
4. A tree removal permit from the City Parks Department shall be required for the removal or relocation of
trees as per Section 13 .20.020 of the Code. All tree replacement mitigation shall be accomplished over
a three-year period in a method approved by the Parks Director. A payment-in-lieu may be made over a
three-year period to mitigate trees which cannot be reasonably replaced. All trees that will be
maintained on site which are within the construction area shall be tied back and protected with
construction barricading or temporary chain link fencing. The applicant shall observe any further
requirement of the Parks Department for the protection of existing vegetation which may come up
during actual construction.
5. Prior to issuance of a building permit, the applicant shall complete a tap permit and shall pay all
connection charges due to the Aspen Consolidated Sanitation District. Connection charges may be
estimated by the District with detailed plans. No clearwater may be directed towards the sanitary
sewer.
6. The applicant shall abide by the construction staging plan. Said plan shall restrict all storage and
staging of construction equipment, vehicles, machinery, materials, contractor trailers and contractor
parking on-site and within the parking lot north of the music tent to the extent practical. Said plan
shall further provide that storage of construction material upon native vegetation shall be prohibited.
The parking lot surface and curbs shall be repaired, as needed, prior to issuance of a Certificate of
Occupancy.
7. The applicant shall abide by the construction traffic plan. This plan shall specify the appropriate
starting and ending dates for construction vehicles removing debris from the site, the prohibited
hours for such activity, the use of Third Street as the primary street, mitigation measures for dust and
debris, a requirement of the applicant to patch and repair the road surface as necessary during and
after hauling, and compensation payable to the City for significant deterioration of Third Street,
Roaring Fork Road, and any alternate route directly attributable to the hauling activity. The City
Streets Director shall evaluate the physical conditions before and after the hauling to determine the
degree of actual impact.
8. The applicant shall abide by the public safety plan. This plan shall prohibit the use of large or loud
machinery during and within one half hour before and after public events at Harris Hall. The
construction area shall be barricaded to prevent public access. Construction barricading should
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also be incorporated for the service entrance and any interior spaces where demolition and
construction is taking place within Harris Hall.
9. All utility meters and any new utility pedestals or transfonners must be installed on the applicant's
property and not in any public right-of-way. Easements must be provided for pedestals. All utility
locations and easements must be delineated on the Final SPA Development Plan. Meter locations
must be accessible for reading and may not be obstructed.
10. The applicant shall abide by all noise ordinances. Construction activity is limited to the hours
between 7 a.m. and 10 p.m. except as specifically restricted by other conditions herein.
1 I. Before issuance of a building pennit, the applicant shall record the Planning and Zoning Resolution
with the Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per
page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record
the resolution.
12. All material representations made by the applicant in the application and during public meetings with
the Historic Preservation Commission, the Planning and Zoning Commission, and the City Council
shall be adhered to and considered conditions of approval, unless otherwise amended by other
conditions.
13. Prior to issuance of a building pennit, the pennit plans shall be reviewed and approved by the Fire
Marshall. The entire structure shall be sprinkled unless an alternative plan is accepted by the Fire
Marshall.
14. The applicant shall not use Magnesium Chloride as a dust suppressant on the public parking lots
south of the Music Tent.
15. Prior to issuance ofa building pennit, the applicant shall submit to the City Engineer a cut and fill
calculation which shall include an explanation for the need of all material to be removed from the
site.
16. Lights in the southern parking lots shall be reconfigured as necessary to reasonably prevent light
from flooding adjacent property. All parking lot lights shall be turned off within two (2) hours of the
last concert or rehearsal event of the day.
Section 3:
In order to obtain a building permit by August 15, 1999, the applicant is encouraged to consider the
following schedule:
1. Finalize all structural and fife protection related issues with the Chief Building Official and the
Fire Marshall by the end of 1998.
2. Submit a draft development plat, draft SPA Agreement, and all engineering documents required
by the City Engineer by February I, 1999.
3. Submit the Final Plat and Final SPA Agreement forrecordation by April 1, 1999.
Ordinance No. 38, Series 1998
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r". 4. Submit all building permit documents by May 1, 1999.
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Section 4:
All material representations and commitments made by the developer pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the Historic Preservation Commission, Planning and Zoning Commission, or 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 other specific conditions.
Section 5:
This Ordinance 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.
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Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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.
Section 7:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 8:
A public hearing on the Ordinance was held on the 13th day ofOcrober, 1998 at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a
public notice of the same was published in a newspaper of general circulation within the City of
Aspen.
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,~ INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 28th day of September, 1998.
Approved as to form:
Approved as to content:
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John ennett, Mayor
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FINALLY, adopted, passed and approved this JfJ day of~998.
Approved as to form:
Approved as to content:
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City Attorney
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John Bennett, Mayor
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