HomeMy WebLinkAboutresolution.council.022-05RESOLUTION NO.
(Series of 2005)
A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A
TEMPORARY USE APPROVAL TO ALLOW FOR THE PLACEMENT OF A TENT AT
THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND TOWNSITE OF
ASPEN, PITI(IN COUNTY, COLORADO.
Parcel ID: 2735-121-29-809
WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant,
The Aspen Institute, has submitted an application for a Temporary Use Permit to place a tent on
the Aspen Institute campus north of the Koch Seminar Building just east of Anderson Park, 1000
North Third Street, City and Townsite of Aspen; and,
WHEREAS, the Applicant requests to utilize the tent for 180 days divided evenly among
the summer months of 2005 and 2006; and,
WHEREAS, the Community Development Department has reviewed the temporary use
application and referral comments from the City Parks Department, the City Environmental
Health Department, and the Historic Preservation Commission and recommends that the City
Council approve the temporary use permit with conditions; and,
WHEREAS, City Council finds that the proposed temporary use is consistent with the
character and existing land uses of the surrounding parcels and neighborhood and that granting
the temporary use permit ~vill not adversely impact the neighborhood; and,
WHEREAS, the Aspen City Council has reviewed and considered the temporary use
request under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the temporary use request meets or exceeds all
applicable development standards and that the approval of the proposal, with conditions, is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the
City of Aspen, Colorado, does hereby grant the Aspen Institute a temporary use permit to erect a
tent on a temporary basis during the 2005 and 2006 summer seasons, subject to the following
conditions:
1. The temporary use permit shall be valid during the summer of 2005 between the dates of
July 1st and September 28th, and removal of the tent must be completed by September
29th, 2005.
2. The temporary use permit shall be valid during the summer of 2006 between the dates of
July 1st and September 28th, and removal of the tent must be completed by September
29th, 2006.
3. Before erecting the tent on July 1st during the summers of both 2005 and 2006, the
applicant shall obtain a building permit.
4. The applicant shall obtain all necessary approvals from the Environmental Health
Department for the food service operations.
5. The food section of the tent shall be limited to 90 days of operation during the summer
months.
6. Prior to installation for the first season, the applicant shall meet with the Parks
Department on site to determine the best possible placement of the tent to minimize
environmental impacts. In conjunction with Parks, HPC has assigned one of their
members (a landscape architect) to review the site plan, grading plan and any pathways to
be altered or installed.
7. Prior to any grading work to be done, the applicant shall place construction fencing
around the extent of the disturbance area in order to delineate the native zones to not be
impacted.
8. Develop a native vegetation restoration plan that receives approval from the Parks
Department with a copy is recorded with the Community Development Department. Said
plan will contain the following elements:
a. Noxious Weeds: The Aspen Institute will be responsible for the control of noxious
weeds during the entire time period of the temporary use, up until the area is restored
as outlined below. This will require a plan and contract with a local vegetation
management company or provide, for city review, a detailed plan on how the in-house
staff will manage any weed issues. The City of Aspen will perform inspections of the
area.
b. Restoration: All areas disturbed to accommodate the installation of the tent, events
and or other activities shall be restored to the following standards.
i. Seeding Procedure: Hand broadcast seed in areas of disturbance. Rake seed into
soil. Cover area with certified weed free straw.
ii. Seed Mix: Indian Rice Grass 'Nez Par' - Achnatherum hymenoides "Nez Par'
3.0 lbs/acre, Sideoats Grama Bouteloua curtipedula 'Pierre' 4.0 lbs/acre,
Sandberg Bluegrass Poa secunda 'Sherman' .5 lbs/acre, Thickspike Wheat Grass
Elymus lanceolatus 2 lbs/acre, 'San Luis' Slender Wheatgrass Elymus
trachycalulus 3 lbs/acre, Arizona Fescue Festuca ovina 'Arriba' 2.5 lbs/acre,
'Arriba'Western Wheatgrass Pascopyrum smithii 'Arriba' 2.5 lbs/acre, Hairy
Golden Aster Chrsopsis villosa .25 lbs/acre, Silver Lupine - Lupinus argenteus
1.0 lbs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 lbs/acre,
Arrowleaf Balsam Root Balsamorhiza sagittata .5 lbs/acre, Mules Ear Wyethia
amplexicaulis .5lbs/acm. Seed mix can be purchased at:
Arkansas Valley Seed-303.320.7500, Pawnee Butte Seed-800.782.5947, or
Granite Seed-801.768.4422.
iii. Top Soil: All disturbed areas shall be restored with a minimum of six (6) inches
of good organic topsoil.
iv. Irrigation: The irrigation system shall be designed for temporary use and installed
at the time of restoration. The system should be designed to properly provide
coverage to all disturbed areas.
Section 2:
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 construed and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any mason
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:
public hearing before City Council·
APPROVED AS TO FORM:
· J~cest~r,-City At~o~n-ey
APPROVED AS TO CONTENT:
ATTEST:
Kathryn S. K,eS~h, City Clerk
C:\home\Current Planning\CASES\Institute Tent\CC Reso.doc