The URL can be used to link to this page

Home My WebLink Aboutresolution.council.064-18 RECEPTION#: 646596, R: $33.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 5, 04/16/2018 at 02:02:26 PM RESOLUTION NO. 64' Janice K.Vos Caudill, Pitkin County, CO (SERIES OF 2018) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE TEMPORARY USE OF VARIOUS TENT STRUCTURES AT THE MAROON CREEK CLUB, 10 CLUB CIRCLE, LEGALLY DESCRIBED AS: LOT 51, MAROON CREEK CLUB, AS SHOWN ON THE FINAL PLAT AND PUD FOR MAROON CREEK CLUB, RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4, RECEPTION NO. 363275, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Parcel ID: 2737-182-85-001 WHEREAS, the Community Development Department received an application from Mitch Hass of Haas Planning Services, on behalf of Maroon Creek, LLC., requesting Temporary Use approval to erect various temporary use structures on site from May 15, 2018 through May 14, 2019; 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 ninety—three (93) 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; and, WHEREAS, The City Council considered the application during public hearing at a regular scheduled hearing on April 9, 2018 and by a five —zero (5 - 0) vote approves Resolution No. 64, Series of 2018; 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 various tents on the subject site for ninety-three days in each calendar year for five (5) years, from 2018 through 2023. After five (5) years, the applicant may submit an application to be reviewed administratively for an additional five (5) annual recurrences (2024-2028). I . 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 seventy-nine (79) days, based on the fees at the time of the submittal of the application. This fee, in 2018, is calculated at $10,278.91. Affordable Housing mitigation fees will be calculated using the applicable year's established mitigation rates. 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 each 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 this 9`h day of April 2018. Attest: Approvedaso Conte - 1 A Ah Ildh Linda Manning, City Cle k Steven "kadron,'Mayor Approved as to form: James R.True, City Attorney Attachments: Exhibit A—Affordable Housing Mitigation Calculation 2 Exhibit A Affordable Housing Mitigation Requirements Lawn Tents June 23rd-July 511, • 40 feet x 50 feet= 2,000 square feet • 2,000 sq. ft. / 1000 sq. ft. = 2 sq. ft. • 2 sq. ft. x 4.7 FTEs = 9.4 FTEs generated • 9.4 FTEs x 65% mitigation rate = 6.11 FTEs to be mitigated if structures are in use 100% of year • 6.11 FTEs / 365 days per year = 0.01673973 FTEs per day • 0.01673973 x 13 days = 0.21761644 FTEs • 0.21761644 x $223,072 cash-in-lieu rate = $48,544.13 • $48,544.13/30 years = $1,618.13 due for mitigation of the structure. (Note: this tent is exempted from calculation) August 15t-August 5th • 40 feet x 60 feet = 2,400 square feet • 2,400 sq. ft./1000 sq. ft. = 2.4 sq. ft. • 2.4 sq. ft. x 4.7 FTEs = 11.28 FTEs generated • 11.28 FTEs x 65% mitigation rate = 7.332 FTEs to be mitigated if structures are in use J00% of year • 7.332 FTEs / 365 days per year = 0.02008767 FTEs per day • 0.02008767 x 5 days = 0.10043836 FTEs • 0.10043836 x $223,072 cash-in-lieu rate = $22,404.99 • $22,404.99/30 years = $746.83 due for mitigation of the structure. Main Dining Room Patio Tents June 27th-July 911, Four 20' x 20' tents • 20 feet x 20 feet x 4 = 1,600 square feet • 1,600 sq. ft. / 1000 sq. ft. = 1.6 sq. ft. Y 1.6 sq. ft. x 4.7 FTEs = 7.52 FTEs generated • 7.52 FTEs x 65% mitigation rate = 4.888 FTEs to be mitigated if structures are in use 100% of year • 4.888 FTEs / 365 days per year = 0.01339178 FTEs per day e 13 days - 10 days exempt = 3 days • 0.01339178 x 3 days = 0.040175 FTEs e 0.040175 x $223,072 cash-in-lieu rate = $8,961.99 • $8,961.99/30 years = $298.73 due for mitigation of the structure. (note: 10 days of this tent's use are exempted) 3 July 10111-September 10th One 20' x 20' tent • 20 feet 20 feet=400 square feet • 400 sq. ft./1000 sq. ft. = 0.4 sq. ft. • 0.4 sq. ft. x 4.7 FTEs = 1.88 FTEs generated e 1.88 FTEs x 65% mitigation rate = 1.222 FTEs to be mitigated if structures are in use 100% of year • 1.222 FTEs/365 days per year = 0.00334795 FTEs per day • 0.00334795 x 73 days = 0.24444 FTEs • 0.24444 x $223,072 cash-in-lieu rate = $54,518.87 • $47,050.47/30 years = $1,817.30 due for mitigation of the structure. (note: the applicant requested flexibility to add 10 days if additional days were needed for an unforeseen event. As this tent was the longest duration of any of the tents proposed - this was used to calculate mitigation. Housing mitigation is now covered for any additional tent use up to 10 days.) July 26th- August 6w Three 20' x 20' tents (there will be four tents but one has been accounted for in the above calculation of 63 days) • 20 feet x 20 feet x 3 = 1,200 square feet • 1,200 sq. ft./1000 sq. ft. = 1.2 sq. ft. • 1.2 sq. ft. x 4.7 FTEs = 5.64 FTEs generated • 5.64 FTEs x 65% mitigation rate = 3.666 FTEs to be mitigated if structures are in use 100% of year • 3.666 FTEs/365 days per year = 0.01004384 FTEs per day • 0.01004384 x 12 days = 0.12052603 FTEs • 0.12052603 x $223,072 cash-in-lieu rate = $26,885.98 • $26,885.98/30 years = $896.20 due for mitigation of the structure. 3 days in December for the Member Holiday Party Two 20' x 20' tents • 20 feet x 20 feet x 2 = 800 square feet • 800 sq. ft./1000 sq. ft. = 0.8 sq. ft. • 0.8 sq. ft. x 4.7 FTEs = 3.76 FTEs generated . . • 3.76 FTEs x 65% mitigation rate = 2.444 FTEs to be mitigated if structures are in use 100% of year • 2.444 FTEs/365 days per year = 0.00669589 FTEs per day • 0.00669589 x 3 days = 0.02008767 FTEs • 0.02008767 x $223,072 cash-in-lieu rate = $4,481 • $4,481/30 years = $149.37 due for mitigation of the structure. 4 Pool Tent July 3.d -July 5th One 40' x 20' tent • 40 feet x 20 feet= 800 square feet • 800 sq. ft./1000 sq. ft. = 0.8 sq. ft. • 0.8 sq. ft. x 4.7 FTEs = 3.76 FTEs generated • 3.76 FTEs x 65% mitigation rate = 2.444 FTEs to be mitigated if structures are in use 100% of year • 2.444 FTEs/365 days per year = 0.00669589 FTEs per day • 0.00669589 x 3 days = 0.02008767 FTEs • 0.02008767 x $223,072 cash-in-lieu rate = $4,481 e $4,481/30 years = $149.37 due for mitigation of the structure (Note: this tent is exempt from calculation.) Driving Range Tents Think Big event in September One 10' x 20' tent One 20' x 30' tent One 20' x 40' tent One 60' x 115.5 tent • 200sf+ 600sf+ 800sf+ 6,930sf = 8,530 square feet • 8,530 sq. ft./1000 sq. ft. = 8.53 sq. ft. • 8.53 sq. ft. x 4.7 FTEs =40.091 FTEs generated e 40.091 FTEs x 65% mitigation rate = 26.05915 FTEs to be mitigated if structures are in use 100% of year • 26.05915 FTEs/365 days per year = 0.07139493 FTEs per day • 0.07139493 x 12 days = 0.85673918 FTEs • 0.85673918 x $223,072 cash-in-lieu rate = $191,114.52 • $191,114.52/30 years =$6,370.48 due for mitigation of the structure. Total: $10,278.91 5