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Home My WebLink Aboutresolution.council.173-17 RESOLUTION NO. 173 (SERIES OF 2017) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE TEMPORARY USE OF TENT STRUCTURES AT 330 E. MAIN STREET, LEGALLY DESCRIBED AS LOTS A - I AND LOTS O — S, AND THE EASTERLY 20 FEET OF LOT N AND THE EASTERLY 170 FEET OF THE VACATED ALLEY ALL IN BLOCK 79, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273707321004 WHEREAS, the Community Development Department received an application from Sunny Vann of Vann Associates, LLC, on behalf of Iconic Properties — Jerome, L.L.C., 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 structures in the Main Street courtyard and Mill Street terrace, allowing for temporary use for seventy-four(74) days; and, WHEREAS, the City Council finds that the request for the extended temporary use proposal for special event tents 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 grants approval for use of the Ice Lounge through April 151, 2018 with no annual recurrences thereafter; 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 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 tents on the subject site, in the Main Street Courtyard and Mill Street terrace, for seventy-four (74) days in each calendar year for five (5) years, from January 2018 through December 2022. After five (5) years, the applicant may submit an application to be reviewed administratively for an additional five (5) annual recurrences (2023-2027). Use of the Ice Lounge in the Mill Street terrace is approved through April 151, 2018, with no annual recurrences. Section 2: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I RECEPTION#: 644161, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 01/03/2018 at 11:07:52 AM Janice K.Vos Caudill, Pitkin County, CO 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 sixty (60) days for the tent structures and one-hundred-and-one (101) days for the Ice Lounge, for a total of one-hundred-and-sixty-one (161) days. Staff has calculated the amount of affordable housing due, based on the fees in 2017, as $6,387.94. Affordable Housing mitigation fees will be calculated at the current rate each year. Affordable Housing Mitigation for the Main Street Courtyard tents will be collected upon issuance of the first permit to be erected in that location. Mitigation for the Mill Street Terrace will only be collected upon approval from the Fire Department for the erection of any structures. Only mitigation for the actual days erected will be required. 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 each temporary structure. If the Fire Department is unable to approve a tent in a given location it may not be erected. 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�his 18`h day of December 2017. Steve Skadron, Nlayor to Linda Manning, City Cier 2 Approved as to form: J4;u�es R. True, City Attorney Attachments: Exhibit A—Affordable Housing Mitigation Methodology Exhibit A Affordable Housing Mitigation Requirements Methodoloey: Main Street Court • 1,800 sq. ft./ 1,000 sq. ft. = 1.8 sq. ft. • 1.8 sq. ft. x 4.7 FTEs = 8.46 FTEs • 8.46 FTEs x 65% mitigation rate= 5.499 FTEs to be mitigated if structures are in use 100% of the year • 5.499 FTEs/ 365 days per year= .0151 daily rate • .0151 x 40 days = .60264 FTEs • .604 x $223,072 cash-in-lieu rate = $134,735.49 • $134,735.49/30-year lifespan= $4,491.83 due for mitigation of the structure for a period of 40 days. Mill Street Terrace: • 800 sq. ft. / 1,000 sq. ft. = .8 sq. ft. • .8 sq. ft. x 4.7 FTEs= 3.76 FTEs • 3.76 FTEs x 65% mitigation rate = 2.444 FTEs to be mitigated if structures are in use for 100% of the year. • 2.444 FTEs / 365 days per year= .0067 daily rate • .0067 x 20 days = .134 FTEs • .134 x $223,072 cash-in-lieu rate = $29,891.65 • $29,891.65 / 30-year lifespan= $996.39 due for mitigation of the structure for a period of 20 days. Mill Street Terrace Ice Lounge: • 144 sq. ft. / 1,000 sq. ft. _ .144 sq. ft. • .144 sq. ft. x 4.7 FTEs = .6768 FTEs • .6768 FTEs x 65% mitigation rate = .44 FTEs to be mitigated if structures are in use for 100% of the year. • .44 FTEs/ 365 days per year= .0012 daily rate • .0012 x 101 days = .121 FTEs • .121 x $223,072 cash-in-lieu rate = $27,036.33 • $27,036.33 / 30-year lifespan=$899.72 due for mitigation of the structure for a period of 20 days. 3 C Totals: Main Street Courtyard $ 4,491.83 Mill Street Terrace $ 996.39 Ice Lounge $ 899.72 TOTAL DUE $ 6,387.94 r i 4