HomeMy WebLinkAboutordinance.council.004-09ORDINANCE N0. 4,
(SERIES OF 2009)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
CONSOLIDATED SPECIALLY PLANNED AREA (SPA) AMENDMENT AND
GROWTH MANAGEMENT REVIEW FOR A PERMANENT, SUMMER-ONLY TENT,
LOCATED UPON LOT 1-B OF THE ASPEN MEADOWS SUBDIVISION, COMMONLY
KNOWN AS THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET
PARCEL ID: 2735-121-29-509
WHEREAS, the property commonly known and referred to as the "Aspen Meadows" has
previously been designated a specially planned azea (SPA) on the City of Aspen Official Zone
District Map; and
WHEREAS, Ordinance No. 14, Series of 1991, of the City Council of the City of Aspen,
granted final approval of the Aspen Meadows Specially Planned Area (SPA) final development
plan, and associated land use approvals; and
WHEREAS, in 1992, the First Amended Plat was approved to reconfigure the
subdivision to create Lot 1-B, a parcel that is 13.160 acres and has three existing buildings; the
Bechter Building, the Koch Seminaz Facility, and the Paepcke Auditorium building.
WHEREAS, in 1995, the Second Amended Plat was approved, allowing modifications
to the Seminar Building, defining dimensions and setbacks with a supplemental site plan.
WHEREAS, the Institute has been operating asummer-only tent as a temporary use from
2005 through 2008 for special events that exceed the capacity of existing meeting rooms on the
Institute campus; and
WHEREAS, the applicant, The Aspen Institute, represented by Jim Curtis, Planner,
requested conceptual major development approval for a permanent, summer-only tent, located at
1000 N. Third St., Aspen Institute, Aspen Meadows, Lot 1B, City and Townsite Aspen; and
WHEREAS, at their regulaz meeting on July 23, 2008 (after the hearing was noticed,
opened, and continued from May 28, 2008 and July 23, 2008), the Historic Preservation
Commission considered the application, found the application was consistent with the review
standards and "City of Aspen Historic Preservation Design Guidelines" and approved the
(conceptual) application with conditions by a vote of 5 to 0.
WHEREAS, upon initial review of the application and the applicable code standards, the
Community Development Department recommended the Applicant amend the proposal to better
comply with the requirements of a Specially Planned Area (SPA); and,
WHEREAS, during a duly noticed public hearing on Dec 16, 3008 and continued to
January 6, 2009, upon further public testimony, discussion and consideration, the Planning and
Zoning Commission adopted Resolution No. 35, Series of 2008 by a five to zero (5-0) vote; and,
RECEPTION#: 557467, 03!25!2009 at
10:57:18 AM,
1 Of= 9, R $46.00 Doc Code ORDINANCE
Janice K. Vos Caudill, Pitkin Countv, CO
WHEREAS, the Aspen Planning and Zoning Commission finds that the development
proposal meets or exceeds all the applicable development standazds and that the approval of the
development proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds
all the applicable development standazds and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
WHEREAS, during a duly noticed public hearing on March 9, 2009, the Aspen City
Council approved a (Consolidated) SPA amendment to allow for a permanent, summer-only tent,
and for Growth Management Quota System to be determined an Essential Public Facility, as
described herein, by a vote of four to one (4-1):
NOW, THEREFORE BE IT ORDAINED 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 approves a Consolidated Specially Planned Area (SPA) Amendment and Growth
Management Quota System Review for conceptual major development approval for a permanent,
summer-only tent, located at 1000 N. Third St., Aspen Institute, Aspen Meadows, Lot 1B, City
and Townsite of Aspen, with the following conditions:
Conditions of Aparoval
1) The applicant shall provide a drainage plan, grading plan, and transportation plan
(mitigating for Tent events) as approved by the City Engineer.
2) The transportation plan and scheduling of events shall address the number of
concurrent events, increasing the mitigation and management for overlapping events
as approved by the City Engineer and Transportation Director.
3) The institute shall not exceed twenty (20) event-days per year at the Greenwald
Pavilion.
4) No private events shall be held at the Greenwald Pavilion (weddings, etc.)
5) All events must comply with City of Aspen sound ordinance requirements.
6) The Greenwald Pavilion shall comply with the requirements of the ACSD and
Public Works (no tent or structures over the utility easements) to allow for emergency
access.
7) Landscape screening on the north side of the tent and azound the toilet facilities
shall be provided around the north and west edges of the temporary facilities (port-o-
potties with a minimum of one (1) ADA stall required).
8) At least one (I) pedestrian path through the Paepcke Memorial Garden shall be
accessible (ADA -all paths must be firm, stable, and slip resistant).
9) The Tent dimensions (attached as Exhibit A) are to be 55' x ]34' in plan, 25'-6 in
height to the peaks, and 20-0 in height at the low point of the valleys. The applicant
shall continue to work with the City Pazks Department and City Engineer on an
acceptable planting and screening plan, and location of the cart path.
10) The Tent is to be used approximately from the last Mon. in June to the 4th Sunday
in August (with set-up one week before and take down one week after the final
Sunday of events).
11) There shall be no exterior lighting of the Greenwald Pavilion other than lighting
required by applicable building codes.
12) No food preparation or kitchen facilities shall be allowed on the Greenwald
Pavilion site.
Section 2: Buildin¢
The Applicant shall meet adopted building codes and requirements in effect at the time a
building permit application is submitted. This may include a newly developed efficient Building
Program for Commercial projects if adopted prior to submission of a building permit application.
Accessible routes to any public right-of--way and accessible parking spaces will be required. The
proposed project will be subject to the newly adopted Use Tax on building materials. .
Section 3: EngineerinH
The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code,
Title 21, and all design and construction standards published by the Engineering Department.
Section 4: Fire Mitieation
All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not
limited to access (International Fire Code (IFC). Fire apparatus access roads shall be designed
and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to
provide all-weather driving capabilities (this provision does not specify a particular type of
surface. It is written in performance language; therefore, the surface must carry the load of the
anticipated emergency response vehicles and be drivable in all kinds of weather). If grass pavers
are to be used, they must be installed to meet the above standards. The grass paved areas must be
maintained. The grass paved azeas must be delineated from adjacent landscaping.
Section 5: Public Works
The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and
with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of
the Aspen Municipal Code, as required by the City of Aspen Water Department. Utility
placement and design shall meet adopted City of Aspen standards. No structures shall be
permitted over the utility easements. Emergency access to service the utilities shall be provided
at all times.
Section 6: Sanitation District Requirements
Permanent improvements are prohibited in sewer easements or right of ways including hard
landscaping which will impact public ROW or easements owned by the district. A revocable
license issued by the district to the Institute will be required to construct a terrace on the district's
easement. Prior approval of construction material for the terrace will be required. Additional
access easements will be required from the applicant to the district to facilitate the district's
ability to maintain the main sanitary sewer lines. Service is contingent upon compliance with the
District's rules, regulations, and specifications, which are on file at the District office. ACSD will
review the approved Drainage plans to assure that clear water connections aze not connected to
the sanitary sewer system. On-site utility plans require approval by ACSD. ACSD will not
approve service to food processing establishments retrofitted for this use at a later date. Driveway
entrance drains must drain to drywells, elevator shafts drains must flow thru o/s interceptor.
Permanent improvements are prohibited in sewer easements or right of ways. All ACSD fees
must be paid prior to the issuance of an excavation/foundation or access/infrastructure permit.
Section 7: Dimensional Standards
The dimensional requirements which shall apply to this tent aze represented in Exhibit A,
attached to this ordinance. F.A.R. shall be reduced to 1,032 squaze feet (14% of the tent total -
pro-rata for the tota17,370 squaze feet) to represent the seasonal use of the facility.
Section 8: Parks
An approved tree permit is required before submission of the building permit set (decrease the
amount of spruce trees, increase in aspen, cottonwood, Douglas fir, and service berry bushes).
The new grading and planting will require City seed mixes and approval of the landscaping. All
new plantings will need to be irrigated and the landscape plan reviewed by Pazks Department.
Tree protection fences must be in place and inspected by the city forester or his/her designee
before any construction activities aze to commence. No excavation, storage of materials, storage
of construction backfill, and storage of equipment, foot or vehicle traffic allowed within the drip
line of any tree on site. Hand work only will be approved within the protection zones and for the
re-opening of the irrigation ditch.
Section 9: Transaortation
The Institute shall meet with the City of Aspen Transportation Department Staff prior to each
summer season to discuss their schedule of events and associated transportation/pazking impacts
as well as mitigation such as increased shuttle service, etc. The Institute shall communicate with
event staff/attendees about alternative transportation options prior to lazge events.
Section 10:
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public heazing or documentation
presented before the Planning and Zoning Commission or City Council, aze 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. If the Greenwald Pavilion is to be permanent, a
substantial SPA amendment shall be required.
Section 11:
This Ordinance 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 12:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a sepazate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 13:
A public hearing on this ordinance shall be held on the 4[h day of Mazch, 2009, at a meeting of the
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen
Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 23rd day of February, 2009.
Attest:
~~ ~ -fi
Kathryn S och, City Clerk
(%1 3~t~-
Michae C. Ireland, ayor
FINALLY, adopted, passed and approved this 9th day of March, 2009.
Attest:
Kathryn S. och, City Clerk
Approved as to form:
John orc r, City Attorney
3~ Z
Michael C. Ireland, l Iayor
List of Exhibits
Exhibit A -Plan, Section, Elevations, Greenwald Pavilion (Tent) Dimensions, Approved Site Plan,
and un-built square footage analysis.
Aspen Institute
1991 SPA Master Plan
Remainina Unbuilt Sauare Footage Analysis
Balance of Remaining Unbuilt Sq. Ft.
Greenwald Tent Deduction
Greenwald - 55' x 134' _
Time-Up - 7.5 wks / 52 weeks per year =
Pro Rata Sq. Ft. Deduction
Remaining Unbuilt Sq. Ft.
Balance of Remaining Unbuilt Sq. Ft.
Greenwald Tent Pro Rata Deduction
Remaining Unbuilt Sq. Ft.
3,271 sq. ft.
7,370 sq.ft.
.14% .pro rata
-1,032 sq. ft.
3,271 sq. ft.
-1,032 sq. ft.
2,239 sq. ft.
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