HomeMy WebLinkAboutresolution.council.047-13 RESOLUTION N0. 47,
(SERIES OF 2013)
A RESOLUTION OF THE CITY OF ASPEN CITY COE NCI ACCEPTING THE DESIGN
CONDITIONS OUTLINED IN ORDINANCE 38,
THEATRE ASPEN TENT FRAMING FOR THE PROPERTY LOCATED AT RIO
GRANDE PARK, 505 RIO GRANDE PLACE, CITY OF ASPEN, COLORADO,
LEGALLY DESCRIBED AS: LOT 1 OF THE RIO GRANDE SUBDIVISION.
Parcel ID 2737-073-06-851
WHEREAS, during a duly noticed public hearing on January 9, 2012, the City Council
approved Ordinance No. 38, Series of 2010, by a four to one (4 — 1) vote, approving an SPA
amendment and an Essential Public Facility Growth Management Review to allow the construction
of a new lobby structure and a new tent structure for Theatre Aspen in the Rio Grande Park; and,
WHEREAS, Section 2 of Ordinance 38, Series of 2013 required Theatre Aspen to
check-in with City Council after a year, or as soon thereafter as possible,to review the conditions
related to the winter design of the tent structure ; and,
WHEREAS, the Community Development Department received an application from
Theatre Aspen, represented by Emily Zeck, Executive Director, requesting continued approval of
the conditions outlined in Section 2 of Ordinance 38, Series of 2013; and,
WHEREAS, pursuant to Section 26.440, the City Council may approve an amendment
to an approved SPA, during a duly noticed public hearing after considering a recommendation
from the Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, upon review of the application and the applicable code standards, the
Community Development Department recommended approval of the request; and,
WHEREAS, during a duly noticed public hearing on April 22, 2013, the City Council
approved Resolution No. 47, Series of 20013,by a five to zero (5—0)vote; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation 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 development proposal meets or exceeds all
applicable development standards and that the
Aspen the
Area Community Plan; and, with
conditions, is consistent with the goals and e lements P en
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
Resolution No 47,Series 2013
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1:
The original conditions regarding the design of the tent framing, as outlined in Section 2 of
Ordinance 38, Series of 2011, remain in effect. The applicant has satisfied the requirement to
check-in with City Council, and no further action is required to meet that condition.
The applicant shall continue to work with the Parks Department, as necessary, to ensure the site
remains well kept and secure.
Section 2: Fee Waiver
City Council hereby denies the fee waiver requested by Theatre Aspen for the Planning and
Parks fees related to this Land Use Review.
Section 3:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 4:
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 e conducted and concluded repealed or prior
amended as herein provided, and the same shall
resolutions or ordinances.
Section 5:
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 this 22nd day of April, 2013.
APPROVED: ATTEST:
y.tr, .t
Michael C. Ireland, ayor Kathryn S. Koch,C' erk
APPROVED AS TO FORM:
ames R True,City Attorney
Resolution No 47, Series 2013
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