HomeMy WebLinkAboutordinance.council.023-94
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ORDINANCE NO. 23
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE
PERMIT FOR ASPEN THEATRE IN THE PARK FOR LIVE PERFORMANCES AND THE
CONSTRUCTION AND MAINTENANCE OF A SUMMER THEATRE TENT ON THE RIO
GRANDE PROPERTY, CITY AND TOWNSITE OF ASPEN.
WHEREAS, pursuant to section 24-7-1203 of the Municipal Code
the applicant, Aspen Theatre in the Park has submitted an
application for a Temporary Use Permit to set up a summer tent on
the Rio Grande property for live performances; and
WHEREAS, the applicant requests to use the Rio Grande Property
from May 15, 1994 to September 20, 1994; and
WHEREAS, the staff has reviewed the temporary use application
and recommends to the city council approval of the temporary use
from May 15, 1994 to September 20, 1994 with conditions; and
WHEREAS, the City Council finds that the temporary use is
consistent with the Rio Grande Conceptual SPA master plan; and
WHEREAS, city Council finds that the proposed temporary use
and temporary structure are not inconsistent 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, city Council finds that granting the temporary use
permit will further the public interest and welfare by promoting
valuable summertime community cultural and entertainment activities
that are consistent with the uses permitted in the underlying zone
district.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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ASPEN, COLORADO:
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That it does hereby approve the temporary use of the
Rio Grande property by the Aspen Theatre in the Park for live
performances and the construction and temporary maintenance of a
theatre tent from May 15, 1994 to September 20, 1994 with the
following conditions:
1. The duration of this temporary use shall be from May 15,
1994 to September 20, 1994, with four performances a week.
2. Hours of performances will be approximately 6:30-10:30 pm,
depending on the night of the performance.
3. Rehearsal hours will range from approximately 6-9 pm., six
nights a week, except for the two "tech nights" when use of
the tent may go until midnight.
4. The size of the tent shall not exceed 60' x 80' and 26'
in height.
5. The Aspen Theatre shall assume all costs associated with
erecting and taking down the theatre facility.
6. The tent shall be taken down by September 20, 1994.
7. The applicant shall manage and conduct its activities as
allowed under this temporary use permit in such a manner so
as to not create or allow a public nuisance as defined at
section 13-89 of the Municipal Code and or section 16-13-304
(1) (a) of the Colorado Revised Statutes, and applicant shall
not create or allow noise levels in excess of those permitted
levels as set forth at section 16-4 of the Municipal Code.
8. All representations that are .made within the submitted
application and at the public hearing are incorporated herein
and shall be adhered to.
9. Failure to comply with the above conditions of approval
or representations made within the application and at the
public hearing shall be cause for the suspension of the
temporary use permit.
10. Prior to occupancy the Fire Marshall shall inspect the
facili ty.
11. Prior to occupancy, the Aspen Theatre in the Park shall
enter into a lease arrangement with the city of Aspen.
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12. Any permanent features planned for the Theatre Facility,
including but not limited to the storage shed, shed for
portable bathrooms, and delivery/handicapped parking spaces
shall be reviewed during the SPA review for this particular
land use.
13. Except for three handicap/delivery spaces, parking shall
be prohibited in the park behind the tent.
section 2:
If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
section 3: This ordinance shall not effect any existing litigation
and shall not operate as an abatement of any action or proceeding
now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
section 4: A public hearing on the Ordinance shall be held on the
15 day Of~ at 5:00 P.M. in the City Council Chambers, Aspen
City Hall, Aspen Colorado. Public notice of the same shall be
published once in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the city Council of the City of Aspen on the ~
day of
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, 1994.
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John Bennett, Mayor
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Kathryn S. Koch, city Clerk
FINALLY, adopted,
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passed and approved this
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John Bennett, Mayor
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