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Home My WebLink Aboutresolution.council.011-08RESOLUTION NO. 11 (Series of 2008) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING A TEMPORARY USE PERMIT TO ALLOW FOR THE PLACEMENT OF A TENT AT THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND TOWNSITE OF ASPEN, 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; and, WHEREAS, the Applicant received approval for a Temporary Use Permit to place a tent on the Aspen Institute Campus in the same location from July 1, 2005 to September 28, 2005, and from July 1, 2006 to September 28, 2006; and WHEREAS, the Applicant received approval for a Temporary Use Permit to place a tent on the Aspen Institute Campus in the same location from June 28, 2007 to August 28, 2007, with set-up of the tent from June 21, 2007 to June 27, 2007, and tent take-down from August 29, 2007 to September 4, 2007; and, WHEREAS, the Applicant requests approval for a Temporary Use Permit to place a tent on the Aspen Institute Campus in the same location from June 30, 2008 to August 20, 2008, with set-up of the tent from June 22, 2008 to June 29, 2008, and tent take-down from August 21, 2008 to August 28, 2008; and, WHEREAS, Community Development Department reviewed the temporary use application and the 2005 referral comments from the Historic Preservation Commission, the Parks Department, and the Environmental Health Department, 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 will not adversely impact the neighborhood; and WHEREAS, City Council conducted a duly noticed public hearing on February 11, 2008; and, Resolution No. 8, Series of 2007 Page 2 WHEREAS, City Council has reviewed and considered the temporary use request under the applicable provisions in the Municipal Code, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment; and, WHEREAS, City Council finds that the temporary use permit meets or exceed all applicable development standards; 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 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 place a tent at the Aspen Institute campus north with the following conditions: 1. The temporary use is valid from June 22, 2008 to August 28, 2008 2. The Applicant shall erect the tent from June 22, 2008 to June 29, 2008. 3. The Applicant shall disassemble the tent from August 21, 2008 to August 28, 2008. 4. The tent shall only be operable from June 30, 2008 to August 20, 2008. 5. The Applicant shall obtain a building permit before erecting the tent on June 22, 2008. 6. The temporary use shall allow for a Main Tent of sixty (60) feet by one-hundred twenty (120) feet, and a Catering Wing of twenty (20) feet by forty (40) feet. 7. The Applicant shall obtain all necessary approvals from the Environmental Health Department for the food service operations. 8. The Applicant shall follow the approvals from Parks and HPC in Resolution 22, Series 2005 with regards to placement of the tent, site plan, grading plan, and any pathways to be altered or installed. 9. 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 which are not to be impacted. 10. A native vegetation restoration plan approved by the Parks Department, which includes the following elements, must be followed: 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 Resolution No. 8, Series of 2007 Page 3 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 follow 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 hymenoids "nez Par" 3.0 lbs/acre, Sideoats Grama Boutelous curtipedula "Pierre" 4.0 Ibs/acre, Sandberg Bluegrass Poa secunda "Sherman" 0.5 ]bs/acre, Thickspike Wheat Grass Elymus lanceolatus 2.0 Ibs/acre, "San Luis" Slender Wheatgrass Elymus trachycalulus 3.0 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 0.25 lbs/acre, Silver Lupine - Lupinus argenteus 1.0 lbs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 lbs/acre, Arrowleaf Balsam Root Balsamorhiza sagitta 0.5 lbs/acre, Mules Ear Wyethia amplexicaulis 0.5 lbs/acre. 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) inched of good organic topsoil. iv. Irrigation: The irrigation system shall be designed for temporary use and installed at the time or restoration. The system should be designed to properly provide coverage to all disturbed areas. 11. The tent shall only be used for events that are sponsored or co-sponsored by the Aspen Institute. Private events, including but not limited to parties and weddings, are prohibited 12. All activities in the tent shall be subject to and abide by the Aspen Noise Abatement Ordinance, Title 18 of the City of Aspen Municipal Code. Prior to erecting the tent, the Institute shall submit a noise suppression plan to the City of Aspen Environmental Health Department that addresses the events held inside the tent. 13. The tent erection and disassembly shall be conducted in coordination with all other events occurring at the Institute. This includes, but is not limited to, the Music Festival. 14. All material representations made in the application and in the hearing by the Applicant and the Applicant's representative shall be considered conditions of approval, unless amended by other conditions. Resolution No. 8, Series of 2007 Page 4 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 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, February 11, 2008, at a public hearing before the City Council of the City of Aspen, Colorado. ,/i Michael C Ireland, Mayor Ci Atto ey ATTEST: ~~~C~-` v ~~ ~ c?~ Kathryn S.I ch, City Clerk