HomeMy WebLinkAboutresolution.council.158-17 RECEPTION#: 643545, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 1210512017 at 11:05:51 AM RESOLUTION NO. 158
Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2017)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
TEMPORARY USE OF VARIOUS TENT STRUCTURES AT 315 E. DEAN STREET,
LEGALLY DESCRIBED AS LOT 1, OF THE FIRST AMENDED PLAT,OF ASPEN
MOUNTAIN SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID: 2737-182-85-001
WHEREAS, the Community Development Department received an application from
Alan Richman of Alan Richman Planning Services, on behalf of 315 E Dean Associates, Inc.
requesting Temporary Use approval to erect various temporary use structures on site from
December 1, 2017 through November 30, 2018; and
WHEREAS, pursuant to Chapter 26.450.050 of the Land Use Code, City Council may
grant a temporary use approval for up to,180 days, and no more than ten (10) annual recurrences;
and
WHEREAS, the City Council reviewed the application and considered the Temporary
Use proposal 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 comment at a duly noticed public hearing; and,
WHEREAS, the City Council approves the tent structure, allowing for a temporary use
for forty (40) days; and,
WHEREAS, The City Council finds that the request for the extended temporary use
proposal to be in accordance with the applicable development standards associated with the
request, and has approved it for five (5) annual recurrences.
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 THE CITY OF
ASPEN, COLORADO, THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby approves a Temporary Use request to allow the erection of
various tents on the subject site, in the Fountain Courtyard, Mountain Plaza, Pool Deck and
Chef's Club Courtyard, for 40 days in each calendar year for five (5) years, from 2017 through
2022. After five (5) years, the applicant may submit an application to be reviewed
administratively for an additional five (5) annual recurrences (2023-2027).
Section 2:
Temporary structures that are approved on a site for a period greater than fourteen (14) days are
subject to growth management review, resulting in affordable housing mitigation. The
applicant is required to provide housing mitigation for forty (40) days. Staff has calculated the
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amount of affordable housing due for thirty-five (35) days, based on the fees in 2017, as
$4,554.44. Affordable Housing mitigation fees will be calculated at the current rate each year.
Fees must be paid prior to the placement of any structures on the site. The methodology is
shown in Exhibit A.
Section 3•
A tent permit approval, including verification from the Aspen Fire Department that the structure
meets all necessary safety requirements, is required prior to the erection of the temporary structure.
Section 4:
All material representations and commitments made by the Applicant pursuant to the
temporary use proposal as herein awarded, whether in public hearing or documentation presented
before the 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 an authorized entity.
Section 5•
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:
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.
APPROVED BY the City Council of the City of Aspen on this27`h day of November 2017.
f 1
Steve kadro , Mayor
to
Linda Manning, City Clerk
Approved as to form:
JP
es R. True, City Attorney
Attachments:
Exhibit A—Affordable Housing Mitigation Methodology
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Exhibit A
Affordable Housing Mitigation Requirements
Methodoloey'
Fountain Plaza
• 3,960 sq. 111 1,000 sq. ft. =3.96 sq. ft.
• 3.96 sq. ft. x 4.7 FTEs = 18.612 FTEs
• 18.612 FTEs x 65% mitigation rate = 12.0978 FTEs to be mitigated if structures are in
use 100% of the year
• 12.0978 FTEs / 365 days per year= .03314466 daily rate
• .03314466 x (32-14) days = .5966 FTEs
• .5966 x $223,072 cash-in-lieu rate = $133,085.61
• $133,109.47/30-year lifespan= $4,436.19 due for mitigation of the structure for a period
of 18 days.
Mountain Plaza:
• 900 sq. ft. / 1,000 sq. ft. _ .9 sq. ft.
r .9 sq. ft. x 4.7 FTEs = 4.23 FTEs
• 4.23 FTEs x 65% mitigation rate= 2.7495 FTEs to be mitigated if structures are in use
for 100% of the year.
• 2.7495 FTEs/365 days per year= .00753288 daily rate
.00753288 x 2 days = .015065753 FTEs
• .015065753 x $223,072 cash-in-lieu rate =$3,360.75
• $3,360.75 /-30-year lifespan = $112.03 due for mitigation of the structure for a period of
2 days.
Pool Deck
• 100 sq. ft. / 1,000 sq. ft. _ .1 sq. ft.
• A sq. ft. x 4.7 FTEs = .47 FTEs
• .47 FTEs x 65% mitigation rate = .3055 FTEs to be mitigated if structures are in use for
100% of the year.
.3055 FTEs / 365 days per year= .00083699 daily rate
• .00083699 x 1 day = .00081699 FTEs
• .00083699 x $223,072 cash-in-lieu rate = $186.71
• $186.71 / 30-year lifespan=$6.22 due for mitigation of the structure for a period of 1
day.
Totals:
Fountain Plaza $ 4,436.19
Mountain Plaza $ 112.03
Pool Deck $ 6.22
TOTAL DUE $ 4,554.44