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HomeMy WebLinkAboutlanduse case.tu.1000 N 3rd St.0004.2008.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0004.2008.ASLU 273512129809 1000. N. 3RD ST JENNIFER PHELAN TEMPORAY USE PERMIT ASPEN INSTITUTE 12.30.09 CLOSED BY ANGELA SCOREY ON 1/14/10 A. 5 I t'a--~ Nb Edo gecord yavyate Fgrm Reports Format Teb Help .~C.~ ~ J ~~~~d. ~ ~ Mahl Custom Fnkla I [lctnrrc I Feed ~ Fee Summxy I Ydudnn I Pacefs I Sub Parmis I Eandlrortt I RwlinOH~Y ~~ R ~ Pemd Type aslu -Aspen Land Use Permd b 009.2008.AAU y 1 A~esa 1~ TN6iD 5T J Apl/SuYe e $ ~ I City ASPEN State LO Zp 81611 Z J i Pemat lntamatwn _ _. _. -. o ~ ~. ~ __- - I' Masts Pmmilr ~ flautap 0uarc aslu07 Appkd 01f15J2D05 J c ~ Project J $latus pendng Approved ~J ~ Desorption TEMPORARY USE PERMIT Issued ~J { Fad ~-J SuGmtled Cbck Rumm~q Days Exvres 01)09)2009 J _. . . _____ _ . Owrer _. _. __ .._._... __.._-I j Last Name ASPEN INSTITUTE INC ZI Fxal Name ~ PO BOX 222 I ~ I PMT i gUEENTDWN MD 21656 I rOwra lsAppacant~ . _ _ i APDacanY- :.. ..... _ ~ ' Laat Name ASPEN INSTITUTE INC J Fnsl Name ~~ PO BOX 222 Phve ~---~u- Cust p 25696 ,~~ OUEENTOWN MD 21658 ~ i Le~-- i Last Name ~-?l Fall Name ~ PMre ~- ___.__.,.r. r ..___ .. __._______.._..________ ___._____._ t 00 ®~-?A~~~,LU ~cUr~ ID 235 - lL 2l - 2q -~®Q ~~~ ~'~ ~~t ~`~ ~~`~},0 'per ~~G~ \~~ ,, RESOLUTION 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, C[TY AND TOWNSITE OF ASPEN, COLORADO ParcellD 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 [he 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 chazacter 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, ~ ~. `,, . r Institute requested a Temporary Use Permit to allow the tent to again be erected and operate while the Institute determined if a permanent tent was needed to accommodate summer events.2 After the 2007 summer, the Institute determined that the existing facilities do not accommodate larger events, and determined that a permanent structure was needed. The Institute made an SPA (Specially Planned Area) Amendment Application on December 12, 2007. This did not allow enough time for hearings at the Planning and Zoning Commission and the City Council to be held before the summer events, so the Institute requested this Temporary Use Permit in order for the scheduled summer events to occur. The Council can expect to see the SPA Amendment at an upcoming meeting. The Institute held a number of events in 2005, 2006, and 2007 that used the tent, including: The Aspen Ideas Festival, the Brainstorm Fortune Conference, and the Aspen Institute Summer Celebration. If the temporary use permit is approved, the tent would be used for these events this summer. DISCUSSION: The Applicant is requesting a Temporary Use Permit for the same tent with the same dimensions and operating characteristics as the Temporary Use Permit approved in 2005, 2006, and 2007. The temporary use now proposed is the same as was originally approved for the previous summers, with the exception of the time period. The time period proposed for the 2008 summer is from June 22 -August 28, which is slightly shorter than the 2007 approval and one month sorter than in the 2005 and 2006 approval. The tent consists of a steel structure covered with a white canvas cover. The Applicant has proposed leaving the steel structure up for the duration of the temporary use permit, but taking the white canvas cover off when there is a two (2) week of more "gap" in events. This is intended to minimize the visual impacts on the neighbors. Staff does not recommend approval of this canvas set-up and take-down scenario. The Institute is pursuing this Temporary Use Permit because there is not enough time between the time of application and the summer events to have an SPA Amendment (which proposes making the tent permanent) heard at the Planning and Zoning Commission and at City Council. If this canvas set-up and take-down scenario is approved, the Institute has requested that the permanent floor be constructed instead of the temporary wood floor for fear that weather will damage the temporary wood floor when the canvas is removed.3 Because this is a temporary permit, Staff cannot support installing the permanent floor when it is part of the SPA Amendment request to make the entire tent permanent. To do so would move toward making this tent a percent structure without undertaking the appropriate SPA review. Further, the Institute was identified in Ordinance 48 as a property that should potentially be designated. Because it is on the Ordinance 48 list, Staff cannot support any construction that would make this tent permanent before an Ordinance 48 review has occurred. Because Staff cannot support the permanent floor, Staff does not support the removal of the white canvas cover during "gap" periods due to weather concerns with the temporary floor. Staff z Council passed Resolution 8, Series 2007, attached as Exhibit C. This approved a tent to be in use from June 28 - August 28 with set-up and take-down the week before and after the operational time period. This request is outlined in an email to staff, dated January 23, 2008, and is attached as Exhibit D. Aspen Institute Temporary Use Permit Staff Report, Page 2 of 4 ~-~. ~..~ also does not support the removal of the canopy during "gap" times because of the negative impacts the noise could have on other events at the Institute (i.e. Music Festival), and what Staff considers to be excessive labor involved. The Applicant has agreed to prohibit private events in the tent in an effort to minimize noise. The Application outlines "Tent Improvements" that are requested.4 Because of the temporary nature of this approval, Staff does not believe the permanent floor, the entrance and walkway canopy, of the utilities are appropriate for this approval. These are issues that should be addressed through the SPA Amendment process. The Temporary Use review criteria are outlined in Land Use Code section 26.450.030; Staff Review is attached as Exhibit A. REFERRAL AGENCY COMMENTS: The Historic Preservation Commission has been notified of the proposed temporary use permit for the tent. The Commission has not expressed concern to Staff regarding the temporary use permit. Parks and Environmental Health were also contacted regarding the temporary use, and recommend approval as it is consistent with the approval received in Resolution 22, Series 2005 and Resolution 8, Series 2007. RECOMMENDED ACTION: Staff recommends approval of a Temporary Use Permit for the Greenwald Pavilion Tent. Staff finds that this one-time Temporary Use Permit is consistent with the previous approval, is consistent with the mission of the Aspen Institute, is consistent with the Academic zoning and the SPA overlay, and will be a benefit to the greater community. There are some visual impacts to neighboring properties, which the Applicant has addressed by prohibiting private events from occurring in the tent, and by requesting that when a two (2) week or longer "gap" occurs between events that the canvas cover be removed from the tent. Staff does not support this proposal because of the implications that has on making this a more permanent structure without an SPA Amendment process. Staff does support the ban on private events. The temporary tent is proposed to be in operation from June 30, 2008 through August 20, 2008, with set-up occurring June 22, 2008 -June 29, 2008, and take-down occurring August 21, 2008 - August 28, 2008. The set-up and take-down of the tent is noisy, so Staff has included a condition in the Resolution requiring the Institute to coordinate these processes with other noise- sensitive events being held at the Institute, including the Music Festival. "See page 4 of the Application, attached hereto as Exhibit E. Aspen Institute Temporary Use Permit Staff Report, Page 3 of 4 ~... .~ .~ , PROPOSED MOTION: "I move to approve the request for a Temporary Use Permit at the Aspen Institute for the purpose of erecting the Greenwald Pavilion tent from June 22, 2008 to August 28, 2008 with conditions as noted in Resolution No. ~, Series of 2008" CITY MANAGER COMMENTS: ATTACHMENTS: EXHIBIT A -Review Criteria and Staff Findings Exhibit B -Resolution 22, Series 2005 Exhibit C -Resolution 8, Series 2007 Exhibit D -Email from Applicant outlining request for permanent flooring Exhibit E -Application Aspen Institute Temporary Use Permit Staff Report, Page 4 of 4 .~, w y EXHIBIT A ,~. 26.450.030 CRITERIA APPLICABLE TO ALL TEMPORARY USES. Section 26.450.030 of the City Land Use Code provides that the City Council shall consider the following criteria, as applicable, when reviewing development applications for a temporary use: A. The location, size, design, operating characteristics, and visual impacts of the proposed use. The proposed temporary use is for the existing Greenwald Pavilion Tent at the Aspen Institute. The Institute received temporary use approval from the City Council to operate the tent in the summers of 2005, 2006, and 2007. The tent is sixty (60) feet by one- hundred and twenty (120) feet with a catering wing of twenty (20) feet by forty (40) feet. The temporary use now proposed is the same as was originally approved for the previous summers, with the exception of the time period. The time period proposed for the 2008 summer is from June 22 -August 28, which is slightly shorter than the 2007 approval and one month sorter than in the 2005 and 2006 approval. The tent will be used, as it was used in the previous summers, to house events for the Aspen Ideas Festival, the Brainstorm Fortune Conference, and the Aspen institute Summer Celebration. The Institute will not allow private events, such as parties or weddings in the tent. Staff finds this criterion to be met. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The proposed tent is compatible with the existing uses in the Aspen Institute SPA. The tent is used for activities related to events such as the Aspen Ideas Festival. The Greenwald Tent was used in the summers of 2005, 2006, and 2007. Continuing the use of the tent for the 2008 summer is consistent with the previous approval and activities on- site. Staff finds this criterion to be met. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. The proposed temporary tent has visual impacts on neighboring properties, especially those across the Roaring Fork River. The Applicant has proposed leaving the steel structure up for the duration of the temporary use permit, but taking the white canvas cover off when there is a two (2) week of more "gap" in events. This is intended to minimize the visual impacts on the neighbors. Staff does not recommend approval of this set up and take down of the canvas. The Institute is pursuing this temporary use permit because there is not enough time between the time of application and the summer events to have an SPA Amendment (which proposes making the tent permanent) heard at the Planning and Zoning Commission and at City Council. If the canvas cover is taken down, the Institute has requested that the permanent floor be constructed instead of the temporary wood floor for fear that weather will damage the floor when the canvas is removed. Because this is a temporary permit, Staff cannot support installing the permanent floor when it is part of the SPA Amendment request to make the entire tent permanent. To do so would move toward making this tent a percent structure without undertaking the appropriate reviews (Ordinance 48 review, SPA Review). Because Staff cannot support the permanent floor, Staff does not support the removal of the white canvas cover during "gap" periods due to weather concerns with the temporazy floor. Staff also does not support the removal of the canopy during "gap" times because of the negative impacts the noise could have on other events at the Institute (i.e. Music Festival). The tent will be required to abide by all noise requirements in the zone district and no private events may occur in the tent. Because of the potential impacts the set-up and take-down of the tent may have on other events at the Institute (i.e. the Music Festival), a condition of approval in the Resolution requires that these times be coordinated with other events occurring at the Institute. The anticipated municipal services will not exceed those needed in the previous approvals. Staff finds this criterion to be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. The temporary tent is proposed to be in operation from June 30 through August 20, with set-up occurring June 22 -June 29, and take-down occurring August 21 -August 28. The approval for the 2005 and 2006 summers was from July 1 through September 28, with set-up and take-down the week before and after the operational time period. The approval for the summer of 2007 was from June 28 -August 28 with set-up and take- down the week before and after the operational time period. The operational time for this temporary use permit is shorter than the previous approvals. The time period is appropriate for the proposed uses in the tent, including the Aspen Ideas Festival. Staff finds this criterion to be met. E. The purposes and intent of the zone district in which the temporary use is proposed. The Aspen Institute is zoned Academic-Specially Planned Area (A-SPA). The tent is consistent with the purpose and intent of the Academic zone district and with the Institute's SPA. Staff finds this criterion to be met. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposedG The use of a tent for summer programs is consistent with the historic and current uses of the Aspen Institute. The Institute has not undergone significant changes from its establishment in the 1950s, though there has been significant residential development on neighboring properties. The temporazy use permit is consistent with the previous temporary use approval. Staff finds this criterion to be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. The tent will be used to provide an additional venue for events, such as the Aspen Ideas Festival, the Brainstorm Fortune Conference, and the Aspen Institute Summer Celebration. These events are beneficial to the community, as they provide educational opportunities consistent with the Art, Culture, and Education section of the Aspen Area Community Plan. Staff finds this criterion to be met. RESOLUTION NO. (Series of 2005) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE APPROVAL TO ALLOW FOR THE PLACEMENT OF A TENT AT THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND TOWNSITE OF • ASPEN, PITHIN COUNTY, COLORADO. Parcel LD: 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, City and Townsite of Aspen; and, WHEREAS, the Applicant requests to utilize the tent for ] 80 days divided evenly among the summer months of 2005 and 2006; and, WHEREAS, the Community Development Department has reviewed the temporary use application and referral comments from the City Parks Department, the City Environmental Health Department, and the Historic Preservation Commission and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Counci] 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 permit will not adversely impact the neighborhood; and, WHEREAS, the Aspen City Council has reviewed and considered the temporary use request under [he applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the temporary use request meets or exceeds all applicable development standazds and that the approval of the proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; 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 26.450.020 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 erect a tent on a temporary basis during the 2005 and 2006 summer seasons, subject to the following conditions: I . The temporary use permit shall be valid during the summer of 2005 between the dates of July 1st and September 28th, and removal of the tent must be completed by September 29th, 2005. 2. The temporary use permit shall be valid during the summer of 2006 between the dates of July 1st and September 28th, and removal of the tent must be completed by September 29th, 2006. 3. Before erecting the tent on July 1" during the summers of both 2005 and 2006, the applicant shall obtain a building permit. 4. The applicant shall obtain all necessary approvals from the Environmental Health Department for the food service operations. 5. The food section of the tent shall be limited to 90 days of operation during the summer months. 6. Prior to installation for the first season, the applicant shall meet with the Parks Department on site to determine the best possible placement of the tent to minimize environmental impacts. )n conjunction with Parks, HPC has assigned one of their members (a landscape architect) to review the site plan, grading plan and any pathways to be altered or installed. 7. 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 to not be impacted. 8. Develop a native vegetation restoration plan that receives approval from the Parks Department with a copy is recorded with the Community Development Department. Said plan will contain the following elements: 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 on how the in-house staff will manage any weed issues. The City of Aspen will perform inspections of the area. b. Restoration: All aeeas disturbed to accommodate the installation of the tent, events and or other activities shall be restored to the following 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 Paz' - Achnatherum hymenoides "Nez Par' 3.0 lbs/acre, Sideoats Grama Bouteloua curtipedula `Pierre' 4.0 Ibs/acre, Sandberg Bluegrass Poa secunda `Sherman' .5 Ibs/acre, Thickspike Wheat Grass Elymus lanceo]atus 2 Ibs/acre, `San Luis' Slender Wheatgrass Elymus trachycalulus 3 Ibs/acre, Arizona Fescue Festuca ovina `An•iba' 2.5 Ibs/acre, `Arriba'Western Wheatgrass Pascopyrum smithii `Arriba' 2.5 Ibs/acre, Hairy ,,, ~, ~~ Golden Aster Chrsopsis villosa .25 Ibs/acre, Silver Lupine - Lupinus azgenteus 1.0 Ibs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 lbs/acre, Arrowleaf Balsam Root Balsamorhiza sagittata .5 lbs/acre, Mules Eaz Wyethia atnplexicaulis .Slbs/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 azeas shall be restored with a minimum of six (6) inches of good organic topsoil. iv. Irrigation: The irrigation system shall be designed for temporary use and installed at the time of restoration. The system should be designed to properly provide coverage to all disturbed areas. 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• Lf 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. FINALLY, Adopted, Passed, and Approved on this (~~day of , 2005, at a duly noticed public hearing before City Council. APPROVED AS TO FORM: APPROVED AS TO CONTENT: o~r~~~~P J orcester, City Attorney ATTEST: ~~~ Kathryn S. K h, City Clerk C:lhome\Current Planning\CASES\lnstitute Tent\CC Rcso.doc _, 1-~t'~n~ , r-I- C~ RESOLUTION NO.B (Series of 2007) A RESOLUTION OF THE C[TY 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 [D 2735-121-29-809 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, The Aspen ]nstitute, 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 'T'hird 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 requests to utilize this tent from June 28, 2007 to August 28, 2007, requests to set up the tent from June 21, 2007 to June 27, 2007, and requests to take down the tent from August 29, 2007 to September 4, 2007; and, WHEREAS, Community Development Department reviewed the temporary use application and 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 12, 2007; and, 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, Resolution No. 8, Series of 2007 Page 2 WHEREAS, City Council finds that the temporary use permit meets or exceed all applicable development standazds; and, WHEREAS, the City Councinl finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfaze. 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: I . The temporary use is valid from June 21, 2007 to September 4, 2007. 2. The Applicant may begin erecting the tent on June 21, 2007. 3. The tent must be completely disassembled by September 4, 2007. 4. The tent shall only be operable from June 28, 2007 to August 28, 2007. 5. The Applicant must obtain a building permit before erecting the tent on June 21, 2007. 6. The temporary use shall allow for a Main Tent of sixty (60) feet by one-hundred (100) feet, and a Catering Wing of twenty (20) feat 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 regazds 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 extant of the disturbance area in order to delineate the native zones which aze not to he 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 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 distwbed to accommodate the installation of the tent, events, and or other activities shall be restored to the follow standards: r. --• ___ ~ .. . P Resolution No. S, Series of 2007 Page 3 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 Ibs/acre, Sideoats Grama Boutelous curtipedula "Pierre" 4.0 lbs/acre, Sandberg Bluegrass Poa secunda "Sherman" 0.5 ]bs/acre, Thickspike Wheat Grass Elymus lanceolatus 2.0 lbs/acre, "San Luis" Slender Wheatgrass Elymus trachycalulus 3.0 lbs/acre, Arizona Fescue Festuca ovina "Arriba" 2.5 ]bs/acre, "Arriba" Western Wheatgrass Pascopyrum smithii "Arriba" 2.5 lbs/acre, Hairy Golden Aster Chrsopsis villosa 0.25 Ibslacre, Silver Lupine - Lupinus azgenteus 1.0 lbs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 lbs/acre, Arrowleaf Balsam Root Balsamorhiza sagitta 0.5 lbs/acre, Mules Eaz 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: Al] disturbed aeeas shall be restored with a minimum of six (6) inched of good organic topsoil. iv. Imgation: 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. This shall not include private parties, weddings, etc. 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. 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. 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. Resolution No. 8, Series of 2007 Page 4 APPROVED, February ]2, 2007, at a public hearing before the City Council of the City of Aspen, Colorado. Helen Kalin Kl derud, ayor orcester, City Attorney ATTEST: Kathryn S. K ,City Clerk ~xh~b~ p Jessica Garrow From: Jim Curtis [jcurtis@sopris.net] Sent: Wednesday, January 23, 2008 10:57 AM To: Jessica Garrow Subject: Greenwald Tent--Interesting Problem The Institute would like to request the permanent floor be able to be installed this summer for this reason. The temporary floor that has been installed since 2005 is a 2 x 4 wood frame laid on the existing gavel base. Sheets of plywood are then screwed to the 2 x 4 wood frame & then carpet is laid on top of the plywood top. If the white canvas is removed between events as proposed and it rains, it will buckle the plywood topping & wood frame, & the temp. floor would need to be redone. This actually occurred in the set-up of the tent in 2006 when the floor was installed & left uncover for 3 days before the tent was put up & it rained, & the floor had to be redone. The temp. floor cost about $ 30,000 each time to put down. Conversely, if we use the temp. floor for 2008 then we would not be able to remove the white canvas between events & view the impact of the steel skeleton from Pitkin Green. We could keep the white canvas up for 2008 & then when it is removed in late August we could keep the steel skeleton up for couple of days & view the impact fr. Pitkin Green. Thanks. 1 r ~tt~~ AFFIDAVPI' OF PUBLiC NOTICE REQUIRED B~Y JSECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~/"" ~~ ~ (~ ~ ~1 , Aspenc,~CO SCHEDULED PUBLIC HEARING DATE: ~ 1 , 200! STATE OF COLORADO ) ss. Count of Pitkin ) I ~ ~ (name, please print) representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complt with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. ~ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted in a conspicuous place on the subject property at least fift ~(15) d s prior to the public hearing and was continuously visible from the day of GIt , 200 ~ , to and including the date and time of the public he ing. A phot graph of the posted . /notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ,~, ., Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public heazing on suc] The f e ing "Affidavit of Notice" was of , 200 ~, by _ this 8 day 9 ' "~:' ,r~= o '~1 Q f7 d~;~' ~~. ~UViot~; _ WITNESS MY HAND AND OFFICIAL'9~,~ ~4q My commission expires: ~ ~ i1,1 c ~ i Not~cy Public ~~t7 ~ ~r~~~ ~~ ~v ATTACHMENTS: COPY OF THE PUBLICATION i"OGRAPH OF THE POSTED NOTICE (SIGN) ,.-~.. 1` ~ ~6 ~/ JERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL C PUBLIC NOTICE RE: ASPEN INSTITUTE TEMPORARY USE PERMIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 11, 2008, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by Jim Curtis, on behalf of The Aspen Institute, requesting a Temporary Use Permit to allow for the use of the Greenwald Pavilion Tent from June 30 to August 20, 2008 and to allow for the set up of the tent June 22 to June 29, 2008 & the take down of the tent from August 21 to August 28, 2008. The subject property is located at 870 Meadows Road, Aspen, CO 81611. For further information, contact Jessica Garrow at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO 970.429.2780, (or by email jessicag@ci.aspen.co.us). s/Michael Ireland. Mavor Aspen City Council Published in the Aspen Times on January 27 2006 City of Aspen Account --,, .w. EXHIBIT f3 ~._.i AMERY SALADIN ASPEN CENTER FOR PHYSICS ASPEN INSTITUTE INC EBRAHIMI FRANCESCA 700 E GILLESPIE 1000 N THIRD ST HOUSE B21 BURNSIDE, 9 S BAY RD gSPEN, CO 81611 ASPEN, CO 81611 HONG KONG CHINA, CHRIST EPISCOPAL CHURCH CITY OF ASPEN COW NS CHARLES 8 JANICE S GO ANTHONY SCHEER 130 S GALENA ST PO BOX HH PO BOX 2299 ASPEN, CO 81611 ASPEN, CO 81812 ASPEN, CO 61612-2299 DALENSON THEODORE 8 ISABELLA ELLI S GORSUCH 1.07% INT ELLIOTT ELYSE A GO ALPINE VALLEY SERVICES 707 W NORTH ST 610 NORTH ST 204 PARK AVE STE 1G gSPEN, CO 81611 ASPEN, CO 81611 BASALT, CO 81621 F430 LLC FALENDER STEVEN 8 DEBRA EARNER GiARLES F 51 WINDING BROOK DR 603 W GILLESPIE ST 817 FRANKLIN PL i{200 SARATOGA SPGS, NY 12866 ASPEN, CO 81611 PELLA, W 50219 FEEDER RICHARD 8 DEBORAH LIV GILLESPIE HISTORIC PTNRS LLC GOLDSMITH BARBARA L TRUST TRUST p0 BOX G 733 25TH ST ' 11498 E CAROL WAY ASPEN, CO 81612 SANTA MONICA, CA 90402-3143 SCOTTSDALE, AZ 85259-2820 GORSUCH MARIEI MATHESON 1.07% GORSUCH BROOKS S 1.07% INT GORSUCH JEFFREY S 48.935% INT INT 707 W NORTH ST 85 GLEN GARRY DR 707 W NORTH ST ASPEN, CO 81811 ASPEN; CO 81611-3355 ASPEN, CO 81611 KOLBE EMILY E GORSUCH MOLLY M 48.935% INT KESSLER HOWARD GO HOOTENANNY LLC 707 W NORTH ST 1453 FLAT ROCK RD 205 S MILL ST #226 ASPEN, CO 81611 NORBERTH, PA 19072 ASPEN, CO 81611 LAUDER LEONARD A 8 EVELYN H LAUDER WILLIAM 1l2 ET AL LEFEBER HOPE 2 E 67TH ST 787 5TH AVE 40TH FL 1453 FLAT ROCK RD NEW YORK NY 10021 NEW YORK, NY 10153 NORBERTH, PA 19072 LUETKEMEYER JOHN A JR & SUZANNE p,1g1yCUS STEPHEN J MARKALUNAS JAMES J 8 RAMONA I F 50% PO BOX 1709 624 W NORTH ST 1427 CLARKVIEW ROAD-STE 500 g3pEN, CO 81612 ASPEN,CO 81611 BALTIMORE, MD 21209 ODOM JOHN A JR TRUSTEE 50% MUSGRAVE MARJORY M MUSIC ASSOCIATES OF ASPEN INC ODOM LORRIE FURMAN TRUSTEE 50% 629 W NORTH ST 2 MUSIC SCHOOL RD 11490 W 38TH AVE ASPEN, CO 81811 ASPEN, CO 81611-8500 WHEATRIDGE, CO 80033 PITKIN COUNTY SALTER JAMES 60% SALTER KATHLEEN ANNE ELDREDGE 530 E MAIN ST #302 500 NORTH ST 40% ASPEN, CO 81611 ASPEN, CO 81611 500 NORTH ST ASPEN, CO 81611 SCHREIBER EUGENE H & STANFORD D 50°k 17 W PENNSYLVANIA AVE TOWSON, MD 21204 SOLSTICE OWNERSHIP VI LLC PO BOX 65 TIBURON, CA 94920 UHLFELDER NAOMI PO BOX 1165 ASPEN, CO 81612 VANDERAA GILBERT T III WF CASTLE CREEK LlC WURTELE CHRISTOPHER C TRUST C/O HOOTENANNY LLC PO BOX 1444 895 ROARING FORK RD 205 S MILL ST #226 CARBONDALE, CO 81623 ASPEN, CO 81611 ASPEN, CO 81611 r~ ~~~ /v/ I ~,I (~ V ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: ~ 7O ~ QadO W S ~G ,Aspen, CO SCHEDULED PUBLIC HEARING DATE: I~o~daN T~~Y7 ~ ~ ® 5 O/~ 200$ STATE OF COLORADO ) ss. County of Pitkin ) I, ~G 2~ C J C O ~~ ~ (name, please print) being or repres nting an Applicant to the City o Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of/the Aspen Land Use Code in the following manner: ~/ Publication of notice: By the publication in the legal notice section of an official R paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public heazing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signatur The f oin "Affidavit of Noti "was acknowle ged b ore me this day of - , 200, by ~ ~L~ Q~(,1 PUBLIC NOT U RE: ASPENYYYYYYINSTITUTE TEMPORARY USE PERMIT WITNESS MY HAND AND OFFICIAL SEAL commission une vu io august [U, 29W NM to allow for the set up of the tent June 22 to June 29, 2006 antl the lake dawn of the tent from August 21 to August 26, 2006. The sublect properly is locatetl at 8]0 Meetlows Roaq Aspen, CO B16H. For fudher information, contact Jessica Garrow at the City of As en Community Development De pe rimenl, 130 5. Gelana 51., Aspen, CO 9]0.429.2]80, for by email jessiceg ®cLaspen.co. usj. srMkhael IrelanQ Mayor Aspen city council Published in iha Aspen Times Weekly on January 2],2008.(1065349) ~. otary ATTACHMENTS: COPYOF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) a~°°\\`'P~ P'M CL ~ OG ~'. ~ \ : W: 1- uj'•., PU9U~ Q c ~ 'x.91 ~'~ .... ~ ..P `: C r °~i, LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL _%, ~. A MEMORANDUM TO: Jessica Garrow, FROM: Jim Curtis, DATE: January 30, 2008 Aspen Community Development Office Owner Representative The Aspen Institute RE: Supplemental Information Aspen Institute Property Greenwald Pavilion Tent SPA Amendment Application Parcel#2735-121-29-809 Pursuant to Jennifer Phelan's Land Use Application-Determination of Completeness letter dated January 14, 2008, for the above referenced land use application; here is the updated response to Code Section 26.600 Impact Fees & Dedications. VII. IMPACT FEES & DEDICATIONS, CODE SECTION 26.600 A. Impact Fees, Code Section 26.610. The Aspen Institute request a waiver of the Park Development Impact Fee and the Transportation Demand Management/Air Quality Impact Fee under the Waiver of Fees, Section 26.610.100 as an Essential Public Facility. City Council Ordinance #14 (Series of 1991) which approved the 1991 SPA Master Plan found both the MAA and Aspen Institute facilities to be Essential Public Facilities. Most recently in December, 2004, the City Council found the Doerr-Hosier Center under Resolution #45 (Series of 2004) to be an Essential Public Facility. Additionally, the Greenwald Pavilion Tent is a "summer-only" Tent supplemental to the Aspen Institute existing summer events and facilities. The summer events held in the Tent are limited to 3 - 5 larger keynote events which benefit the Town's cultural heritage and summer economy. The Tent does not add any new residential or lodging units or year-round daily use leaseable square footage. B. School Land Dedication, Code Section 26.620. Not Applicable under Section 26.620.030, Exemptions. The Tent is anon-residential use. GarrowS uppl n fo SPAAmend RESOLUTION NO. (Series of 2005) A RESOLUTION OF THE ASPEN CITY COUNCH. GRANTING A TEMPORARY USE APPROVAL TO ALLOW FOR THE PLACEMENT OF A TENT AT THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND TOWNSITE OF ASPEN, PITHIN COUNTY, COLORADO. Parce/ LD: 2735-121-19-809 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 Seminaz Building just east of Anderson Park, 1000 North Third Street, City and Townsite of Aspen; and, WHEREAS, the Applicant requests to utilize the tent for 180 days divided evenly among the summer months of 2005 and 2006; and, WHEREAS, the Community Development Department has reviewed the temporary use application and referral comments from the City Parks Department, the City Environmental Health Department, and the Historic Preservation Commission and recommehds 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 permit will not adversely impact the neighborhood; and, WHEREAS, the Aspen City Council has reviewed and considered the temporary use request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the Temporary use request meets or exceeds all app]icable development standazds and that the approval of the proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; 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 26.450.020 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 erect a tent on a temporary basis during the 2005 and 2006 summer seasons, subject to the following conditions: I . The temporary use permit shall be valid during the summer of 2005 between the dates of July 1st and September 28th, and removal of the tent must be completed by September 29th, 2005. 2. The temporary use permit shall be valid during the summer of 2006 between the dates of July 1st and September 28th, and removal of the tent must be completed by September 29th, 2006. 3. Before erecting the tent on July 1" during the summers of both 2005 and 2006, the applicant shall obtain a building permit. 4. The applicant shall obtain all necessary approvals from the Environmental Health Department for the food service operations. 5. The food section of the tent shall be limited to 90 days of operation during the summer months. 6. Prior to installation for the first season, the applicant shall meet with the Parks Department on site to determine the best possible placement of the tent to minimize environmental impacts. In conjunction with Parks, HPC has assigned one of their members (a landscape architect) to review the site plan, grading plan and any pathways to be altered or installed. 7. 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 to not be impacted. 8. Develop a native vegetation restoration plan that receives approval from the Parks Department with a copy is recorded with the Community Development Department. Said plan will contain the following elements: 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 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 following 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 Paz' - Achnatherum hymenoides "Nez Par' 3.0 lbs/acre, Sideoats Grama Bouteloua curtipedula `Pierre' 4.0 Ibs/acre, Sandberg Bluegrass Poa secunda `Sherman' .5 lbs/acre, Thickspike Wheat Grass Elymus lanceolatus 2 Ibs/acre, `San Luis' Slender Wheatgrass Elymus trachycalulus 3 Ibs/acre, Arizona Fescue Festuca ovina `Arriba' 2.5 Ibs/acre, `Arriba'Westem Wheatgrass Pascopyrum smithii `Arriba' 2.5 ]bs/acre, Hairy r~"+ -- ~ ~~ Golden Aster Chrsopsis villosa .25 Ibs/acre, Silver Lupine - Lupinus argenteus ].0 ]bs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 Ibs/acre, Arrowleaf Balsam Root Balsamorhiza sagittata .5 lbs/acre, Mules Ear Wyethia amplexicaulis .Slbs/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 azeas shall be restored with a minimum of six (6) inches of good organic topsoil. iv. Irrigation: The irrigation system shall be designed For temporary use and installed at the time of restoration. The system should be designed to properly provide coverage to all disturbed azeas. Section Z: 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. FINALLY, Adopted, Passed, and Approved on this ~ ~~day of , 2005, at a duly noticed public hearing before City Council. ` . ' APPROVED AS TO FORM: J rcester City Attorney ATTEST: ~~-"`"` Kathryn S. K h, City Clerk C:\home\Current Planning\CASES\Institu[e Tent\CC Reso.doc APPROVED AS TO CONTENT: ,., Page 1 of 2 f Jessica Garrow From: Jim Curtis [jcurtis@sopris.net] Sent: Tuesday, January 15, 2008 10:58 AM To: Jennifer Phelan Cc: Jessica Garrow Subject: Re: Completeness Review for the Aspen Institute Response to your "Determination of Completeness" dated January 14, 2008. 1. Extension of Temporary Use Permit for Summer 2008. The Aspen Institute would greatly appreciate the Feb. 11 City Council agenda. The Institute is happy not to deviate from the prior approval of Resolution No. 8 (2007). The "concessiops" mentioned in the application are outlined on Pg. 2 of the application & are based on meetings the Institute had with a few of the interested Pitkin Green . neighbors. I'm assuming City Council at the Feb. 11 meeting could elect to change or modify conditions of the Temporary Use Permit granted by Res. 8 (2007) if they wish, i.e. City Council could enact some of the "concessions" outlined in the application as part of the 2008 Temporary Use Permit if they wish. Please understand that to delay review of the Extension of Temporary Use Permit to May would probably result in the Aspen Ideas Festival (June 30-July 6) being cancelled & the resulting negative impact on the Town. 2. Ordinance #48. The Institute proposes to request an interpretation of Ordinance #48 under Chapter 26.306. I hope to submit the request to you by end of next week. 3. Park Impact Fee. I will submit you an updated response based on the new code language. I also appreciate you having Jessica Garrow review the application as she has prior experience dealing with the application. Thanks, Tim Curtis On Jan 15, 2008, at 10:17 AM, Jennifer Phelan wrote: Jim: Attached is a pdf of my review of your application. The possible dates for the temporary use permit and (IPC review are time sensitive with regazd to public notice. Staff needs to submit a notice to the paper this Friday due to the upcoming holiday. Let me know how you would like to proceed. Jennifer Phelan, Deputy Director CommuniTy Development Department City of Aspen 130 S. Galena Street 1/15/2008 r..~ ~,d~~ P~„a~a„ „~ w~~~~ ~,,,~ Page 2 of 2 f WOJ'A09U3d5C 'A1MM \y.,~ L615'OZb'OL6 xvS ' 00050Z6:OL6 anoed ~ 5L6CL69L8 oavao~o~'vaesy ~ i~oaig vNaw~ emoS 0£C Aspen, CO 81611 PH: 970.429:2759 FAX: 970.920.5439 www.aspenpitkin.com <Aspen Institute_ Completness.pol> N3dSt7 d0 AZ[~ 3H,1, 1/15/2008 0 a ASPEN INSTITUTE PROPERTY ALD PAVILION TENT Specially Planned Area (SPA) Amendment Application December 20, 2007 C~ '~ ASPEN INSTITUTE PROPERTY GREENWALD PAVILION TENT SPECIALLY PLANNED AREA (SPA) AMENDMENT APPLICATION Aspen Institute Property 1000 N. Third Street Lot 1-B, Aspen Meadows Subdivision Parcel # 2735-121-29-809 Submitted To: Jessica Garrow City of Aspen Community Development Office 130 South Galena Street Aspen, Colorado 81611 970 - 920 - 5095 Owner/Applicant: The Aspen Institute c/o Amy Margerum Executive Vice-President 1000 N. Third Street Aspen, Colorado 81611 970 - 544 - 7906 Architect: n/a Planner: Mr. Jim Curtis Curtis & Associates 300 East Hyman Avenue Aspen, Colorado 81611 970 - 920 - 1395 Date: December 20, 2007 !'1 TABLE OF CONTENTS Page No. I. Application Summary --------------------- -------------------------------------- 1 II. Tent Description & Improvements ------------------------------------------------ 4 III. Compatibility With Other Aspen Institute F acilities ---------------------------- 5 IV. Common Development Review Procedure -Sec. 26.304.060(B)------------ 5 V. Specially Planned Area (SPA) Amendment -Sec. 26.440.090(B) ----------- 6 VI. Growth Management Review -Sec. 26.470.040(D)(3)-------- 7 VII. Park Development Impact Fee -Sec. 26.610.020--------------- 8 Viii. Temporary Use Permit Extension -Sec. 26.450.030--------------- 9 LIST OF DRAWINGS Following Page No. 1. Vicinity Map-------------------------------------------------------------------------10 2. Tent Layout 2005 - 2007-----------------------------------------------------------10 3. Tent Photographs 2005 - 2007 ----------------------------------------------------10 4. Proposed Site Plan ------------------------------------------------------------------10 5. Entrance & Walkway Canopy Sketches -----------------------------------------10 Exhibit 1 - Aspen City Council Resolution #8 (Series of 2007) Exhibit 2 - Land Use Application Form Exhibit 3 - Dimensional Requirements Form Exhibit 4 - Owner's Consent & Authorization Letter Exhibit 5 - Music Associates of Aspen & Aspen Center for Physics Consent Exhibit 6 - Proof of Ownership Exhibit 7 - Fee Agreement Exhibit 8 - Adjacent Property Owners Exhibit 9 - Pre-Application Conference Summary 4. , RESOLUTION NO. (Series of 2005) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE APPROVAL TO ALLOW FOR THE PLACEMENT OF A TENT AT THE ASPEN INSTITUTE, 1000 NORTH THIRD STREET, CITY AND TOWNSITE OF ASPEN, PITHIN COUNTY, COLORADO. Parce/ ID: 2735-121-19-809 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, City and Townsite of Aspen; and, WHEREAS, the Applicant requests to utilize the tent for 180 days divided evenly among the summer months of 2005 and 2006; and, WHEREAS, the Community Development Department has reviewed the temporary use application and referzal comments from the City Parks Department, the City Environmental Health Department, and the Historic Preservation Commission 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 permit will not adversely impact the neighborhood; and, WHEREAS, the Aspen City Council has reviewed and considered the temporary use request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council rinds that the ,temporary use request meets or exceeds all applicable development standazds and that the approval of the proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; 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 26.450.020 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 erect a tent on a temporary basis during the 2005 and 2006 summer seasons, subject to the following conditions: I . The temporary use permit shall be valid during the summer of 2005 between the dates of July 1st and September 28th, and removal of the tent must be completed by September 29th, 2005. 2. The temporary use permit shall be valid during the summer of 2006 between the dates of July 1st and September 28th, and removal of the tent must be completed by September 29th, 2006. 3. Before erecting the tent on July 1" during the summers of both 2005 and 2006, the applicant shall obtain a building permit. 4. The applicant shall obtain all necessary approvals from the Environmental Health Department for the food service operations. 5. The food section of the tent shall be limited to 90 days of operation during the summer months. 6. Prior to installation for the first season, the applicant shall meet with the Parks Department on site to determine the best possible placement of the tent to minimize environmental impacts. In conjunction with Parks, HPC has assigned one of their members (a landscape architect) to review the site plan, grading plan and any pathways to be altered or installed. 7. 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 to not be impacted. 8. Develop a native vegetation restoration plan that receives approval from the Parks Department with a copy is recorded with the Community Development Department. Said plan will contain the following elements: 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 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 following 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 Paz' - Achnatherum hymenoides "Nez Par' 3.0 lbs/acre, Sideoats Grama Bouteloua curtipedula `Pierre' 4.0 lbs/acre, Sandberg Bluegrass Poa secunda`Sherman'.5 lbs/acre, Thickspike Wheat Grass Elymus lanceolatus 2 Ibs/acre, `San Luis' Slender Wheatgrass Elymus trachycalulus 3 Ibs/acre, Arizona Fescue Festuca ovina `Arriba' 2.5 Ibs/acre, `Arriba' Western Wheatgrass Pascopyrum smithii `Arriba' 2.5 ]bs/acre, Hairy ~: Golden Aster Chrsopsis villosa .25 ]bs/acre, Silver Lupine - Lupinus argenteus 1.0 ]bs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 Ibs/acre, Arrowleaf Balsam Root Balsamorhiza sagittata .5 ]bs/acre, Mules Ear Wyethia amplexicaulis Slbs/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) inches of good organic topsoil. iv. Irrigation: The irrigation system shall be designed For temporary use and installed at the time of restoration. The system should be designed to properly provide coverage to all disturbed areas. Section Z• 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 competentjitrisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, Adopted, Passed, and Approved on this ~ ~~day of ~, 2005, at a duly noticed public hearing before City Council. APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~~~w~~~~n~~~ J orcester, City Attorney ATTEST: /~~P~ Kathryn S. K h, City Clerk C:\home\Current Planning\CASES\Institute Tent\CC Reso.doc Page 1 of 2 Jessica Garrow From: Jim Curtis [jcurtis@sopris.net] Sent: Tuesday, January 15, 2008 10:58 AM To: Jennifer Phelan Cc: Jessica Garrow Subject: Re: Completeness Review for the Aspen Institute Response to your "Determination of Completeness" dated January 14, 2008. 1. Extension of Temporary Use Permit for Summer 2008. The Aspen Institute would greatly appreciate the Feb. 11 City Council agenda. The Institute is happy not to deviate from the prior approval of Resolution No. 8 (2007). The "concessions" mentioned in the application aze outlined on Pg. 2 of the application & are based on meetings the Institute had with a few of the interested Pitkin Green . neighbors. I'm assuming City Council at the Feb. 11 meeting could elect to change or modify conditions of the Temporary Use Permit granted by Res. 8 (2007) if they wish, i.e. City I;'ouncil could enact some of the "concessions" outlined in the application as part of the 2008 Temporary Use Permit if they wish. Please understand that to delay review of the Extension of Temporary Use Permit to May would probably result in the Aspen Ideas Festival (June 30-July 6) being cancelled & the resulting negative impact on the Town. 2. Ordinance #48. The Institute proposes to request an interpretation of Ordinance #48 under Chapter 26.306. I hope to submit the request to you by end of next week. 3. Park Impact Fee. I will submit you an updated response based on the new code language. I also appreciate you having Jessica Garrow review the application as she has prior experience dealing with the application. . Thanks, Jim Curtis On Jan 15, 2008, at 10:17 AM, Jennifer Phelan wrote: Jim: Attached is a pdf of my review of your application. The possible dates for the temporary use permit and i-IPC review are time sensitive with regard to public notice. Staff needs to submit a notice to the paper this Friday due to the upcoming holiday. Let me know how you would like to proceed. Jennifer Phelan, Deputy Director Community Development Department City of Aspen 130 S. Galena Street 1/15/2008 ~ ,.,a~~ ~,~~~»a ~„ ~,»,~~ r,.` Page 2 of 2 ~ WOJ'AOAl1JdS21MMM ~y~j L6150Z6~OL6 ~'d ~ OOOS'OZ6:OL6 a~uoed ~ 5L6h U918 cxivao iu~'naasy ~ ~ew.g vnaw~ eLnoS 0£I Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com <Aspen Institute_ Completness.pdfl N9dS6' .~O ~i1J 3HZ 1/15/2008 0 0 ASPEN INSTITUTE PROPERTY GREENWALD PAVILION TENT Specially Planned Area (SPA) Amendment Application December 20, 2007 o ASPEN INSTITUTE PROPERTY GREENWALD PAVILION TENT SPECIALLY PLANNED AREA (SPA) AMENDMENT APPLICATION Aspen Institute Property 1000 N. Third Street Lot 1-B, Aspen Meadows Subdivision Parcel # 2735-121-29-809 Submitted To: Jessica Garrow City of Aspen Community Development Office 130 South Galena Street Aspen, Colorado 81611 970 - 920 - 5095 Owner/Applicant: The Aspen Institute c/o Amy Margerum Executive Vice-President 1000 N. Third Street Aspen, Colorado 81611 970 - 544 - 7906 Architect: n/a Planner: Mr. Jim Curtis Curtis & Associates 300 East Hyman Avenue Aspen, Colorado 81611 970 - 920 - 1395 Date: December 20, 2007 TABLE OF CONTENTS Page No. I. Application Summary ----------------------------------------------------------- 1 II. Tent Description & Improvements ------------------------------------------------ 4 III. Compatibility With Other Aspen Institute Facilities ---------------------------- 5 IV. Common Development Review Procedure -Sec. 26.304.060(B)------------ 5 V. Specially Planned Area (SPA) Amendment -Sec. 26.440.090(B) ----------- 6 VI. Growth Management Review -Sec. 26.470.040(D)(3)-------- 7 VII. Park Development Impact Fee -Sec. 26.610.020--------------- 8 Viii. Temporary Use Permit Extension -Sec. 26.450.030 --------------- 9 LIST OF DRAWINGS Following Page No. 1. Vicinity Map-------------------------------------------------------------------------10 2. Tent Layout 2005 - 2007-----------------------------------------------------------10 3. Tent Photographs 2005 - 2007 ----------------------------------------------------10 4. Proposed Site Plan ------------------------------------------------------------------10 5. Entrance & Walkway Canopy Sketches -----------------------------------------10 EXHIBITS Exhibit 1 - Aspen City Council Resolution #8 (Series of 2007) Exhibit 2 - Land Use Application Form Exhibit 3 - Dimensional Requirements Form Exhibit 4 - Owner's Consent & Authorization Letter Exhibit 5 - Music Associates of Aspen & Aspen Center for Physics Consent Exhibit 6 - Proof of Ownership Exhibit 7 - Fee Agreement Exhibit 8 - Adjacent Property Owners Exhibit 9 - Pre-Application Conference Summary C I . APPLICATION SUMMARY This Application is for the following: Municipal Code Section Common Development Review Procedure 26-304.060 (B) Specially Planned Area (SPA) Amendment Growth Management Review For Essential Public Facility Park Development Impact Fee 4. 26.440.090 (B) 26.470.040 (D) (3) 26.610.020 This Application is illustrated by the drawings inserted following the text of the application. A. Tero orar Use Permit Extension for Summer 2008 Based on the pre-application conference with the Community Development Office on December 4`h, it is unlikely this application can be processed in time for the 2008 Summer Season. 2007) given in Exhibit 1. Applicant requests the Temporary Use Permit for 2008 be amended to include the "concessions" the applicant is proposing herein. Applicant requests the Temporary Use Permit be processed as soon as possible to give the Institute reasonable time to set-u for the 2008 As en Ideas Festival scheduled for June 30 -July 6. $. SPA Amendment -Permanent, Summer-Only Tent The Greenwald Pavilion Tent was used during the summers of 2005, 2006 & 2007. The 2007 "Temporary Use Permit" approved by the Aspen City Council under Resolution #8 (Series of 2007) is given in Exhibit 1. The Tent has proven to be very ~ _ ~l_ _ Tl....+ .~.. n will give the GreenwaldPavi linnTentApp 12107 ~ 4 Institute the certainty to schedule keynote events in advance and allow the Institute to make improvements to the Tent to make it more functional. The Aspen Institute ~ proposes the following: 2. The Tent will be Festival or any future equivalent of t Festival may vary from year to year, late June through early July. but the Festival will generally occur in rn 4. including but not limited to parties and weddings, in use for the 5 Private events, ~~ _ ~»~ ~~~~, ~ ~i,iailt up aurrng the full July 1 -August 20 period. The 2 week or greater "gap" is to give the Institute some flexibility to keep the Tent up when events are scheduled in proximity to one another. From July 1 - Augi events, the Institute panels of the Tent v The steel skeleton o for 5 ~~~~ 6. scheduled 1 day for e~ week apart, uay ~o set-up, t day to decorate and set-up podium, ant; 1 day to take-down. For example, if events are the Institute feels it doesn't make sense to set- up/take-down the canvas panels from the 1 S` event and then 2 - 3 days later set-up/take-down the canvas panels for the 2°d event. By removing the canvas panels when the Tent is not in use as described above, the structure will become a "see-through" structure- The TnetitntA a,;~ho,. *,. t.____ ~, A. Construct a permanent floor for the Tent. B. Install water, electric and gas to the Tent. C. Install audio-visual cables to the Tent to interconnect it to the other Institute buildings for campus wide viewing of events. D. Do Not Install permanent toilet facilities. Toilet facilities will continue to be the facilities in the Koch Building. Landscaping. The Institute is proposing "reasonable" landscaping for reasonable screening. The Institute is not proposing a massive row of GreemvaldPavilionTentAppl2107 2 The Tent may be used for 5 additional events from July 1 - Aug addition to the Aspen Ideas Festival above. The Institute will make the following improvements to the Tent: O p evergreens completely surrounding the Tent -this would lock unnatural and absurd. The Institute is proposing planting 15 additional evergreens (spruces and pines} between 12' - 14' tall as generally shown on the Proposed Site Plan attached. Taller trees would require a crane for installation which would cause more damage than good to the site. The above trees would be in addition to the 7 existinl7 12' - 14' Colorado Blue Spruces the Institute planted in June, C. Need for the Tent The Tent gives the Institute a venue to hold the larger, but limited, keynote events during the summer season in a wonderful outdoor setting. The vents held in 2007 were the following: • July 2 - 8 Aspen Ideas Festival • July 10 Socrates Lecture • Aug. 4 Aspen Institute Board of Trustees Lecture • Aug. 9 John Edwards Lecture • Aug. 13 Institute - ACIH -Cleveland Clinic Health Lecture • Aug. 1 S John McCain Lecture As of this date, the confirmed events scheduled for 2008 are given below. Other 2008 events are likely as the Institute's summer schedule is confirmed. • June 30 -July 6 Aspen Ideas Festival • July 25 Dalai Lama Blessing The Tent is sized to hold the larger keynote events of ~+w iu ~~~ Yw~~.,• ~.~ other facilities at the Institute are sized to hold these larger keynote events. The Doerr-Hosier Center was never designed nor sized to handle the 4 - > largest events which occur only in the summer. The Doerr-Hosier Center was always sized to handle 250 - 350 people with both banquet and seminar style seating with supporting food service far both winter and summer operations. Secondly, the Institute will continue to try to hold the larger events in the Benedict Music Tent as it has done in the past. However, as we know, the Music Tent is used virtually every day by the Music Festival from late June to late August and C;reemvaldPav ilionTentApp 12107 Events in the Tent will abide by the City of Aspen Noise Abatement Ordinance as required by City Code. ~. If the Aspen Community supports these larger keynote events, then a permanent summer-only venue is desirable for scheduling, organizing and staging the events. II. TENT DESCRIPTION & IMPROVEMENTS As shown on the Proposed Site Plan herein, the Tent is proposed as follows: Main Tent -60' x 120' cr 20'- 3" height - 7 200 sf. Catering Wing -20' x 40' @ 13'- 6" height - X800 sf. (limited use) 8,000 sf. Entrance & Walkway Canopy - (Christo-like canopy) The Catering Wing will be limited use only for those events that require lite beverage or food service as beverages, boxed or buffet lunches or catered dinners. The Catering Wing will be set-up/taken-down on a per event basis that requires limited food service. The Entrance & Walkway Canopy will be a Christo-like canopy to add a festive faire and provide rain protection. It is proposed to remain up from July 1 -August 20. A. Tent Improvements A. Main Tent. The Institute will continue to use the same Tent erected during the summers of 2005 - 2007 as shown on the Tent Photographs herein. The Institute purchased this Tent in 2005 and it has worked well. B. Permanent Floor. 7'he Institute will install a permanent floor for the Tent. This will be either asphalt or concrete which will be covered with carpeting which will be removed in the winter. C. Entrance & Walkway Canopy. This will be a Christo-like canopy to add a festive faire and provide rain protection. This is designed to be a fun, colorful (probably orange-ish) entrance/walkway. It is proposed to remain up from July 1 -August 20. E. Restrooms. No permanent restrooms will be added. Patrons will use the restrooms in the Koch Building as used during the summers of 2005 - 2007. F. Utilities. 1'he Institute will install permanent water, gas, electric and audio- visual lines to the Tent. Sewer is not necessary due to the use of the Koch Building for restrooms. The audio-visual lines are to interconnect the Tent to the other Institute buildings for campus wide viewing of events. GreenwaldYavilionTentApp 12107 4 III. COMPATIBILITY WITH OTHER ASPEN INSTITUTE FACILITIES The Tent gives the Institute a venue to handle the larger, but limited, keynote events which only occur during the summer. The Tent is sized to handle the larger events and compliments the other facilities as follows: Doerr-Hosier Center. The Center is designed to give the Institute astate-of--the arts conference and meeting hall with supporting food service for both winter and summer operations. The Center is sized to handle groups of 250 - 350 people with both banquet and seminar style seating. The Center was never designed nor sized to handle the 4 - 5 largest events which only occur in the summer. Paepcke Auditorium. The auditorium is theater seating for 350 people. It can not handle larger groups and has no food service. 3. Koch Seminar Building. This building has 3 seminar rooms sized for smaller groups of 50-100 people. 4. Boettcher Seminar Building. This building has 3 seminar rooms sized for smaller groups of 30-50 people. Meadows Restaurant. The restaurant is sized for food service for smaller groups of 100-150 people: IV. COMMON DEVELOPMENT REVIEWS CODE SECTION 26.304.060(B) Code Section 26.304.090(B) is addressed below: (B). 1. Combined reviews. The procedures for reviewing development plans and applications were more than one development approval is being sought simultaneously may be combined or modified whenever the Community Development Director determines, in consultation with the applicant, that such combination or modification would eliminate or reduce duplication and ensure economy of time, expense and clarity: provided, however, that all public noticing normally associated with the subject development application(s) is maintained, and that a thorough and full review of the application and proposed development as otherwise required by this title is achieved. Applicant requests combined reviews of the application. Applicant feels combining reviews would eliminate or reduce duplication and ensure economy of time, expense and clarity in reviewing the application. GreenwaldPavilionTentApp 12107 r~. V. CONSOLIDATED SPECIALLY PLANNED AREAS (SPAT AMENDMENT CODE SECTION 26 440 090(Bl Code Section 26.440.090(B) is addressed below: (B) All other modifications shall be approved pursuant to the terms and procedures of the final development plan, provided that the proposed change is consistent with or an enhancement of the approved final plan. If the proposed change is not consistent with the approved final development plan, the amendment shall be subject to both conceptual and the final development review and approval. Applicant feels the proposed amendment is both consistent with and an enhancement of the 1991 SPA Plan for the following reasons: The Tent gives the Aspen Institute a venue to hold larger, but limited, keynote events like the Aspen Ideas Festival. These keynote events support the mission of the Aspen Institute to promote open dialogue and the exchange of ideas, and help foster the intellectual heritage of Aspen. 2. The Tent was tested during the summers of 2005 - 2007 and has proven to be very successful for the Aspen Institute and hopefully the Aspen community. If the Aspen community supports these larger keynote events, then a permanent summer-only venue is desirable for scheduling, organizing and staging the events. The SPA approval of the Tent on a permanent summer-only basis will allow the Aspen Institute to make improvements to the Tent so it can function better. 4. The keynote events promote the summer economy and are generally open to the Aspen community either live or by Grassroots TV. The Tent in this location during the summer minimizes the need to set-up temporary tents in other parts of the campus. GreenwaldPavilionTentApp 12107 VI. GROWTH MANAGEMENT REVIEW FOR AN ESSENTIAL PUBLIC FACILITY CODE SECTION 26.470.040(D)(3) Code Section 26.470.040(D)(3) is addressed below: Essential Public Facilities. The development of an Essential Public Facility, upon a recommendation from the Planning and Zoning Commission, shall be approved, approved with conditions, or denied by the City Council based on the following criteria: a) The Community Development Director has determined the primary use and/or structure to be an Essential Public Facility. (see definition.) Accessory uses may also be part of an Essential Public Facility project. City Council Ordinance #14 (Series of 1991) which approved the 1991 SPA Master Plan found both the MAA & Aspen Institute facilities to be Essential Public Facilities. City Council approvals thereafter have also found the facilities of the Aspen Institute to be Essential Public Facilities. Most recently in December, 2004, the City Council found the Doerr-Hosier Center under Resolution #45 (Series of 2004) to be an Essential Public Facility. b) Sufficient growth management allotments are available to accommodate the uses, pursuant to Section 26.470.030(C), Development Ceiling Levels and Section 26.470.030(D), Annual Development Allotments. To the best knowledge of the applicant, sufficient growth management allotments are available to accommodate the use. c) The proposed development is consistent with the Aspen Area Community Plan. Applicant feels the proposed development is consistent with the Aspen Area Community Plan. d) A sufftcient percentage of the employees expected to be generated by the project are mitigated through the provision of affordable housing or cash-in- lieu thereof in a manner acceptable to the City Council. The Employee Generation Rates may be used as a guideline but each operation shall be analyzed for its unique employee needs. The City Council may waive, or partially waive, affordable housing mitigation requirements as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. GreenwaldPavilion'rentApp12107 7 ~, ~ The proposal will not generate any new employees. The Tent's use during the summers of 2005 - 2007 demonstrated the Aspen Meadows existing staff can service the Tent. No new staff was added in 2005 - 2007. No new employees will be generated and therefore the affordable housing requirement is not applicable. The Aspen Institute respectfully requests a waiver. e) Free-Market residential floor area on the parcel is accompanied by affordable housing units or mitigation pursuant to 26.470.040(C)(6), unless otherwise restricted in the zone district. The City Council may waive, partially waive, or establish a d~erent limitation as is deemed appropriate and warranted for the purpose of promoting civic uses and in consideration of broader community goals. Not applicable. No free-market residential housing is proposed. ,~ The project represents minimal additional demand on public infrastructure or such additional demand is mitigated through improvements proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking, and road and transit services. Applicant feels the project represents minimal additional demand on public infrastructure. The applicant is not aware of any infrastructure problems that occurred during the summers of 2005 - 2007. VII. PARK DEVELOPMENT IMPACT FEE CODE SECTION 26.610.020 Code Section 26.610.020 is addressed below: Applicability. Park development impact fees shall be assessed upon all development in the City of Aspen which creates additional bedrooms in residential dwellings, lodges, hotels, bed and breakfasts, boardinghouses, roominghouses or dormitories and on all development which creates additional commercial or office space. Park development impact fees shall not be assessed upon the following: A. Alteration or expansion of a structure which does not create any additional bedrooms. GreenwaldPavilionTentApp 12107 B. The replacement of a partially or totally destroyed structure which does not create any additional bedrooms. C. Development of essential community facilities. D. Reserved. E. Development involving a property listed on the Aspen Inventory of Historic Landmark Sites and Structures. The applicant feels the project qualifies as an Essential Community Facility as previously outlined and requests a waiver of the park development impact fee under Provision C above. VIII. TEMPORARY USE PERMIT EXTENSION, CODE SECTION 26.450.030 Code Section 26.450.030 is addressed below. A. The location, size, design, operating characteristics, and visual impacts of the proposed use. As described herein. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. Summer tents have historically and consistently been used on the Aspen Institute property. Tents offer flexible venues to hold summer events in a wonderful outdoor setting. The Aspen Institute feels the Greenwald Tent was very successful from 2005 - 2007, and would like to continue its use to the Summer of 2008. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels, and neighborhood character. As described herein. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. GreenwaldPav i I ionTentApp l 2107 ® ^~ As described herein. The Tent was previously approved and used during the Summers of 2005 - 2007. E. The purposes and intent of the zone district in which the temporary use is proposed. The Aspen Institute parcel is zoned Academic-Specially Planned Area. The conference, gathering, educational purpose of the Tent is consistent with the Academic zoning of the parcel and the Academic use of the surrounding Institute buildings. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. The Aspen Institute campus was established in 1950 as a center for the exchange of ideas and open dialogue. Summer conferences, gatherings, and events have historically been the focus of the Institute, and summer tents have historically been used on the campus. The Aspen Institute campus has only changed modestly over the past 50 yeazs, but significant residential development surrounding the Institute has occurred on Red Mountain, Pitkin Green and Second Aspen Subdivision. G. How the proposed Temporary Use will enhance or diminish the general public health, safety or welfare. The Aspen Institute feels the Tent and the summer events supported by the Tent, like the Aspen Ideas Festival, are beneficial to and supportive of the Aspen community. GreenwaldPavi IionTentApp 12109 l --, Maps & Illustrations J r _ a :-"-: ,JI: :ga a~lS ~afad ;ual plennuaa~~ ~ _~ I 1. _~ ~' ,~' ' ~' ^-V;' Nsnn~ar~la 3H1.~ f1J.l.~ N~ N3dS'd 3Hl i~ t ~ ~ ~ ~~~ ~~ ~ ~ ~ ~ i ~ ~, ~ ~ ° ~~ _ ~ \ O ~' - ~ ~" _~ ~~ `'~ ~.~, ~, ^~ ,% . v ~~ Y ~ ~~C~~_ 9 l ~~ ~~ ~~ f . _ °v • d ~, ~a r ;n, ~p _ R RS~N' ~ ~ ~~~' ,~, -/+ aniaa ooi~iu6pw ~n IoM ~(gyBno~l!M uaoa~ nnain !. ` w .~1 ._. .., . ~aod uos~apud uao~~ nnain ~sp3 uaoa~ fiui/~ fiuua~p~ ~i~od uosaapud u~oa~ nnain w ~ ..v ~' i \ - Iu' . ~, _..- ` a. `~ ~, ~. i ~' 1 C r ,, C W'" EXHIBIT i RESOLUTION N0.8 (Series of 2007) 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 THII2D STREET, CITY AND TOWNSITE OF ASPEN, COLORADO Parcel ID 2735-121-29-809 WHEREAS, pursuant to Secfion 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 and-from July 1, 2006 to September 28, 2006; and WHEREAS, the Applicant requests to utilize this tent from June 28, 2007 to August 28, 2007, requests to set up the tent from June 21, 2007 to June 27, 2007, and requests to take down the tent from August 29, 2007 to September 4, 2007; and, WHEREAS, Community Development Department reviewed the temporary use application and referral comments from the Historic Preservation Commission, the Parks Deparment, 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 the temporary use will not adversely impact the neighborhood; and WHEREAS, City Council conducted a duly noticed public hearing on February 12, 2007; and, 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 Duector, the applicable referral agencies, and has taken and considered public comment; and, surrounding parcels and neighborhood and that granting location from July 1, 2005 to September 28, 2005, ~~ Resolution No. 8, Series of 2007 Page 2 WHEREAS, City Council finds that the temporary use permit meets or exceed all applicable development standazds; 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, COI:ORADO, 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 Pemut to place a tent at the Aspen Institute campus north with the following conditions: 1. The temporary use is valid from June 21, 2007 to September 4, 2007. 2. The Applicant may begin erecting the tent on June 21, 2007. 3. The tent must be completely disassembled by September 4, 2007. 4. The tent shall only be operable from June 28, 2007 to August 28, 2007. 5. The Applicant must obtain a building pemut before erecting the tent on June 21, 2007. 6. The temporary use shall allow for a Main Tent of sixty (60) feet by one-hundred (100) feet, and a Catering Wing of twenty (ZO) 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 Pazks and HPC in Resolution 22, Series 2005 with regazds 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 azound the extent of the disturbance azea in order to delineate the native zones which aze 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 on how the in-house staff will manage. any weed issues. The City of Aspen will perform inspections of the azea. b. Restoration: All azeas disturbed to accommodate the installation of the tent, events, and or other activities shall be restored to the follow standazds: Resolution No. 8, Series of 2007 Page 3 i. Seeding Procedure: Hand broadcast seed in azeas of disturbance. Rake seed into soil. Cover area with certified weed free straw. ii. Seed Mix: Indian Rice Grass "Nez Paz" - Achnathenun hymenoids "nez Paz" 3.0 lbs/acre, Sideoats Grama Boutelous curtipedula "Pierre" 4.0 lbs/acre, Sandberg Bluegrass Poa secunda "Sherman" 0.5 Ibs/acre, Thickspike Wheat Grass Elymus lanceolatus 2.0 lbs/acre, "San Luis" Slender Wheatgrass Elymus trachycalulus 3.0 lbs/acre, Arizona Fescue Festuca ovina "Amba" 2.5 Ibs/acre, "Arriba" Western Wheatgrass Pascopyrum smithii "Arriba" 2.5 lbs/acre, Hairy Golden Aster Chrsopsis villosa 0.25 lbs/acre, Silver Lupine - Lupinus azgenteus 1.0 lbs/acre, Rocky Mountain Penstemon Penstemon strictus 2.0 lbs/acre, Arrowleaf al am 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 azeas: 11. The tent shall only be used for events that aze sponsored or co-sponsored by the Aspen Institute. Private events, including but not limited to parties and weddings, aze 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 shall be reasonably screened in a manner consistent with representations made at the February 26, 2007 City Council hearing, and may include potted plants or lattice screening. The screening shall be reviewed by the Community Development Depariment and Pazks Department as part of the Building Permit application. 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. 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• Resolution No. 8, Series of 2007 ~- Page 4 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED, February 12, 2007, at a public hearing before the City Council of the City of John Worces er, City Attorney ATTEST: ~~~ Kathryn S. Koch City Clerk ~~ APPLICANT ATTACHMENT 2-LAND USE APPLICATION EXHIBIT 2 .Name: ~ VS/ ~YIr 1 (/ " Location: Ir • i i (Indicate stream address, lot & locT~er, 1Tegal dedescription here appropriate) Parcel ID # tREOUIltEDI ~r~'~~'T ~7 ~~ REPRESENTATIVE: - hh Name: Irl _d Address: ~'N / t/-' ~ Phone #: ^ Conditional Use ~. ^ Special Review ^ Design Review Appeal ^ S'iMQS Allotment / ,L-y," GMQS Exemption ^ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Lot Split ^ Lot Line Adjustment ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ Conceptual SPA Final SPA (.?r SPA AmendmenU ^ Subdivision ^ Subdivision Exemption (includes condominiumization) LJ temporary Use ^ Conceptual Historic Devt. ^ Fina} Historic Development ^ Minor Historic Devt. ^ Historic Demolifion ^ Historic Designation ^ Small Lodge Conversion/ Expansion ^ Other. EXISTiNGK'ONDTTIONS[ (desrrintinn nF existing 6ui)din6c nsec nrevinnc annmvalc et~l ~ •/ 1 All plans that are larger than S.5" a 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. Phone#: TYPE OF APPLICATION: (please check all that apply): Have attached the following? FEES DUE: $ -~ ~~ Application Conference Summary 'Attachment #1, Signed Fee Agreement ~e onse to Attachment #3, Dimensional Requirements Form esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ~ ~ .._ :.. ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the pifiposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mazk, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: ^ Proposed:. 1n Number of residential units: Existing: ~ Proposed: Yl Numberofbedrooms: Existing: ~ Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: -- Allowable: -' Principal bldg. height: Existing: ~ Allowable: -' Proposed: Access. bldg. height: Existing.• -' Allowable: Proposed: - Vim" l• On-Site pazking: Existing: ~ Required: ~ Proposed.• _ ~y Site coverage: Existing: - Required: '~ Proposed: /~ T ~ Open Space: Existing: ~ Required: ~ Proposed: Front Setback: Existing: ~ Required: ~ Proposed.• t/i ~ Reaz Setback: Existing: -- Required: ~ Proposed: Combined F/R: Existing.• ~ Required: " Proposed.• Side Setback: Existing: -Required: Proposed: Side Setback: Existing: Required: ~ Proposed: Combined Sides: Existing: ^' Required: Proposed: Distance Between Existing Required: ~' Proposed• Buildings E i i x st ng non-conformities or encroachments: Proposed: EXHIBIT 3 d ~~ ~ Variations requested: Ms. Jessica Garrow Community Development Office City of Aspen 130 South Galena Aspen, Colorado 81611 ~, ~ EXHIBIT 4 December 1, 2007 Re: Owner's Authorization and Consent Aspen Institute Property Greenwald Pavilion Tent Specially Planned Area (SPA) Amendment Application Dear Jessica: I hereby authorize and consent to the filing of the above referenced Land Use Application. Jim Curtis is authorized to represent the application. Amy M g rum Chief m' . & Financial Officer The Aspen Institute `..s, EXHIBIT 5 Music Associates of Aspen & Aspen Center for Physics Consent submitted under separate cover to Community Development Office. `~/~ © EXHIBIT 6 PROPERTY PROFILE Account: R014028 Account Type: Tax Year: 2006 Version: Parcel: 273512129809 ArealD: Mill Levy: .31.645000 APR District: Estimated Tax: Status: * This Mill Levy is from the most recent tax roll N THIRD ST CO 81611 INC EXEMPT 20060427000 001 900 A CJ 4 Ben Dew it :~~.<, ,~; -~.. _,. iF- r/ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: EXHIBIT 7 (hereinafter, 1 nn rnv+i-~- ~ r 2, APPLICANT understands and agrees that City of Aspen Ordinan fees is_a cond lion precedent establishes a fee structure for Land Use applications and the payment of all processing to a determination of application completeness. sed ro ect, it 3 pppLICANT and CITY agree that because of the size, nature or scope of the propo p J rocessin the application. is not possible at this time to ascertain the full extent of the costs involved in p basis. e that it is in the interest of the parties that APPLICANT make Payment of an APPLICANT and CITY further afire t additional.. costs to be billed to APP17IoC~~p~C~ awes he initial deposit and to thereafter permi s and/or app APPLICANT agrees additional costs may accme following their hearing enzs upon notification by the will be benefited by retaining greater cash liquidity and w<ll makit dal be benefi through the greater certainty CITY when they are necessary as coszs aze incurred. CITY afire of recovering its full coszs to process APPLICANT'S application. q. ~ CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Comrmssion and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CIT'Y's aai an omfti~ d pt s t ~ lthe shall p Y full fees prior to a determination of application completeness, APPLIC hours of Cornmrmmty Development staff time, and if actual amount of $~- whrch is for __ a additional monthly billings to CITY to reimburse recorded coszs exceed the initial depo lrcation mlention d oveyincluding post approval review at a rate of $220.00 the CITY for the processing of the app ~ ents shall be made within 30 days of ~ billing date. per planner hour over the rrunal deposit Such periodic paym zocessing have been paid. APPLICANT further agrees that failure to pay such accrued coszs shall be grounds for suspension of processing, an ;n no case will building permrts be issued until all costs associated with case p CITY OF ASPEN By: Chris Bendon Community Development Director APPLICANT ~ D~'~ U~ By: A Date: (J D iVlailing Address: g;\support\forms\agrpayas.doc 1/10/Ol (~' ~ EXHIBIT B AMERY SALADIN ASPEN CENTER FOR PHYSICS ASPEN INSTITUTE INC 700 E G0IESPIE 1000 N THIRD ST EBRAHIMI FRANCESCA ASPEN, CO 81611 HOUSE 021 BURNSIDE, 9 S BAY RD ASPEN, CO 81811 HONG KONG CHINA, CHRIST EPISCOPAL CHURCH CITY OF ASPEN COLLINS CHARLES 8 JANICE S GO ANTHONY SCHEER 130 S GALENA ST PO BOX HH ASPEN, CO 81812 PO BOX 2299 ASPEN, CO 81611 ASPEN,CO 81812-2299 EW S GORSUCH 7.07% INT ELL1OTT ELYSE A DALENSON THEODORE 8 ISABELIA 810 NORTH ST GO ALPINE VALLEY SERVICES 707 W NORTH ST ASPEN, CO 81811 204 PARK AVE STE 1G ASPEN, CO 81811 ggSALT, CO 81621 FALENDER STEVEN 8 DEBRA EARNER CHARLES F F430 LLC gp3 W GILLESPIE ST 617 FRANKLIN PL 8200 51 WINDING BROOK DR ASPEN CO 81811 PELLA, IA 50219 SARATOGA SPGS, NY 12888 FELDER RICHARD 8 DEBORAH W GILLESPIE HISTORIC PTNRS LLC GOLDSMITH BARBARA L TRUST ,~ 25TH ~ TRUST PO BOX G SANTA MONICA. CA 90402x143 11498 E CAROL WAY ASPEN, CO 81612 SCOTTSDALE, AZ 85259-2620 . GORSUCH MARIEL MATHESON 1.07% GORSUCH BROOKS S 1.07% INi GORSUCH JEFFREY S 48.935% INi 85 GLEN GARRY DR INi 707 W NORTH ST 707 W NORTH ST ASPEN; CO 81611-3355 ASPEN, CO 81811 ASPEN,CO 81611 KOLBE EMILY E KESSLER HOWARD GO HOOTENANNY LLC GORSUCH MOLLY M 48.935% INT 1, r~ FLAT ROCK RD 205 S.MILL 5T #228 707 W NORTH ST NORBERTH, PA 19072 ASPEN. CO 81811 ASPEN, CO 81611 LEFEBER HOPE LADDER LEONARD A 8 EVELYN H 67 5TH AVE 410~7}11FL~ ~ 1453 FLAT ROCK RD 2 E67LH ST NEW.YORK, NY 10153 NORBERTH, PA 19072 NEW YORK, NY 10021 MARKALUNAS JAMESJBRAMONAI LUETKEMEYER JOHN A JR 8 SUZANNE MARCUS STEPHEN) g2q W NORTH ST F 50% 1427 CLARKVIEW ROAD - STE 500 p0 BOX 1709 - - ASPEN, CO 81612 ASPEN, CO 81611 _ BALTIMORE, MD 21209 ODOM JOHNAJR TRUSTEE 50% MUSIC ASSOCIATES OF ASPEN INC OpOM LORRIE FURMAN TRUSTEE 50% MUSGRAVE MARJORY M 2 MUSIC SCHOOL RD 11490 W 38TH AVE 629 W NORTH ST ASPEN, CO 81611-8500 WFIEATRIDGE, CO 80033 ASPEN, CO 81611 PITKIN COUNTY SALTER JAMES 60% SALTER KATHLEEN ANNE ELDREDGE 530 E MAIN ST #302 500 NORTH ST 40% ASPEN, CO 81611 ASPEN, CO 81611 500 NORTH ST ASPEN, CO 81611 SCHREIBER EUGENE H S STANFORD D 50% 17 W PENNSYLVANIA AVE TOWSON, MD 21204 SOLSTICE OWNERSHIP VI LLC PO BOX 65 TIBURON, CA 94920 UHLFELDER NAOMI PO BOX 1165 ASPEN, CO 81612 VANDERAA GILBERT T III GO HOOTENANNY LLC 205 S MILL ST #226 ASPEN, CO 81611 WF CASTLE CREEK LLC PO BOX 1444 CARBONDALE, CO 81623 WURTELE CHRISTOPHER C TRUST 695 ROARING FORK RD ASPEN, CO 61611 /'"1 EXHIBIT 9 \,.,1 Pre-Application Conference summary submitted under separate cover to Community Development Office. THE CITY OF ASPEN Land Use Application Determination of Completeness Date: January 14, 2008 Deaz Mr. Curtis, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0078.2007.ASLU, SPA Amendment. The planner assigned to this case is Jessica Garrow (for the summer 2008 requestl. With regard to the request for an extension of the temporary use permit for summer 2008, I can schedule the request before the city council on February 11, 2008. I had an opening in the council's agenda and can accommodate the request as long as the extension request does not deviate from the prior anyroval; otherwise, we are looking at a May schedule date. The application notes certain "concessions" are proposed that differ from the original approval and I will need additional clarification on what those aze to determine if they can be processed under the original temporary use permit. With regard to the Specially Planned Area (SPA) Amendment, I can provide the following information. When you submitted the application, it was under the purview of Ordinance No. 30 (Series of 2007). Section 3 of Ordinance 30, did not allow for alterations of a building or site, except those that were deemed minimally obtrusive (Section 26.415.035, Identification of Potential Historic Resources). Ordinance No. 48 (Series of 2007) is now in effect and identifies the Aspen Institute as a property subject to the content of the ordinance. Section 3 of the ordinance allows the applicant to voluntarily have the proposed work under consideration reviewed by the Historic Preservation Commission (Section 26.415.025 D., Applicability and Extensions) or you may enter into a ninety (90) day negation period with the city council (Section 26.415.025 E., Ninety-Day Negotiation Period) regarding preservation of the resource. If you are interested in pursuing a review before the Historic Preservation Commission, it appears that they have availability as early as February 13`h. Another option available to you, if you do not agree with the content of this letter is to request an interpretation (Chapter 26:306) of those area of the Institute's property that are subject to ordinance No. 48 by the Community Development Director. A request for an interpretation must be submitted to the Community Development Director with an accompanying fee of $50.00. Finally, although your application was complete, the section on the Park Impact Fee cited an outdated section of the land use code. Chapter 26.610, Impact Fees was updated in November of 2006. I would suggest submitting a response based upon the new code language. Other Page 1 of Z (~ submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, Jennifer P I ,Deputy Director City of Aspen, Community Development Department Page 2 of 2