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Home My WebLink Aboutordinance.council.024-95 ,,:.A !iIIIIII' "-, ~<ji, "'C^.. p., ..' W ~ ., .~....- -" - -- ORDINANCE NO.24 (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING TO THE ASPEN THEATRE IN THE PARK AN AMENDMENT TO, THE RIO GRANDE FINAL SPA DEVELOPMENT, FINAL SPA PLAN APPROVAL" AND GROWTH MANAGEMENT EXEMPTION FOR THE PURPOSE OF YEARLY CONSTRUCTION OF THE THEATRE TENT AND THEATRE PRODUCTIONS AT THE CITY-OWNED RIO GRANDE PARK IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Rio Grande Master Plan and SPA Development Plan were approved in 1993; and WHEREAS, the Planning Director did receive from the Aspen Theatre in the Park (Applicant) and has reviewed and recommended for approval an application (the "Plan") for an amendment to the Rio Grande SPA Final Development Plan, Final SPA Development Plan, and Growth Management Exemption for an Essential Public Facility to undertake its yearly tent construction and theatre production at the area historically used for this purpose; and WHEREAS, the Planning and Zoning Commission reviewed the development proposal in accordance with those procedures set forth at Section 24-6-205(A) (5) of the Municipal Code and did conduct a public hearing thereon on May 2, 1995; and WHEREAS, upon review and consideration of the plan, agency and public comment thereon, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 8 of Article 7 (Specially Planned Area) and Division 1 of Article 8 (Growth Management Exemption) the Planning and Zoning commission has recommended approval of the Aspen Theatre in the Park's amendment to the Rio Grande SPA Final Development Plan and exemption from growth management competition and mitigation subject to conditions, 1 ,ItA ~. ~e." '\i ~- ~e!" l 1,,'0';,_.-- to the City Council; and WHEREAS, the Aspen City Council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, reviewed considered has and those recommendations and approvals as granted by the Planning and Zoning Commission, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the Plan meets or exceeds all applicable development standards and that the approval of the Plan, with conditions/ is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1: Pursuant to Section 24-7-804 B. of the Aspen Municipal Code, and subject to those conditions of approval as specified hereinafter, the city Council finds as follows in regard to the Plan's SPA development component: 1. The Applicant's final plan submission is complete and sufficient to afford review and evaluation for approval. 2. The Plan is compatible with and enhances the mix of development in the immediate vicinity. 3 . Sufficient public facilities exist to serve the development. 4. The parcel is generally suited for development considering topography and natural hazards. 5. The Plan employs land planning techniques to limit impacts to the environment and provides public and private amenities. 2 'e 4_ 1" \\ "ic...: cia '. 6. The Plan is in compliance with the Aspen Area Community Plan. 7. The Plan does not require the expenditure of public funds for the subject parcel or the neighborhood. 8. No development is proposed on slopes of 20% or greater. 9. No GMQS allocations or exemption are necessary for the Plan except for as approved within this ordinance. section 2: Pursuant to the findings set forth in section 1 above, the city council grants SPA Final Developmen't Plan amendment approval for the Aspen Theatre in the Park subject to the following conditions: 1. All parking, handicap parking and handicap parking dropoffs will be consistent with the Rio Grande Master Plan as adopted by City Council. 2. Prompt clean-up of the site after each summer season is required. No storage of materials is allowed on the site in the off season except for the tent structure, under protective cover. Materials and props stored on site shall be kept out of view in accordance wiht a landscaping plan including fencing if necessary to be approved by the Community Development Director with the ablility of Council to review if it is not working. 3. The tent will be erected in mid May and removed in mid September of each year. 4. The amended Rio Grande SPA Development Plan shall be recorded in the office of the Pitkin county Clerk and Recorder. Failure on the part of the applicant to record the amended SPA Development Plan within a period of one hundred and eighty (180) days following approval by the City Council shall render the PUD Plan approval invalid and reconsideration and approval of both by the Commission and City Council will be required before their acceptance and recording, unless an extension or waiver is granted by city Council for a showing of good cause. 5. Any overhead utility wires shall be undergrounded by the applicant within three years. The applicant shall work with the Parks Department on and appropriate digging schedule. section 3: Pursuant to section 24-8-104 (C) (1) (b) (i-iii) of the Municipal Code, the city Council finds as follows in regard to the 3 leI \1,.. "'~ ~e; 4; "<, hi.'. ~ -<<\ z~ Applicant's request for Growth Management Quota System development exemption for essential public facilities: 1) The Applicant's annual tent construction is essential for their continued use of the Rio Grande property. 2) The programs and activities sponsored and or hosted by the Applicant at the Rio Grande facilities have historically provided cultural enrichment to the citizens of the city of Aspen without which the City would not have attained its present character. Furthermore, the Applicant's programs have served and continue to serve important community needs and continuation of same will only enhance their value and accessibility to the citizens of the city of Aspen and the general public. 3) The Applicant's proposed development involves essential public facilities, will enhance existing essential public facilities, and is not-for-profit in nature. section 4: Pursuant to section 24-8-104 (C) (1) (b) (i-iii) of the Municipal Code, and the findings set forth in section 6 above; the City Council awards and grants growth Management Quota System development exemptions from competition and affordable housing impact mitigation for the theatre tent and normal accessory uses of the tent on the basis that such development is for essential public facilities. Section 5: All material representations and commitments made by the developer pursuant to the Plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning commission and or 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 other specific conditions. Section 6: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding 4 ~I)'. "il.. '\1l 1.1.... \t tA \\W -- 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 7: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. section 8: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the pitkin County Clerk and Recorder. section 9: A public hearing on the Ordinance shall be held on the ;:2 , day Of~A.--o\ (. , 1995 at 5: 00 in the City Council Chambers, Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the /5 ~' 1995. day of A~t_: .'/ /V 'xi ~ / Kat~och' City Clerk !~,~~ Gebl{~ea~h W~Ctl'rle,I1I/ ~fJV"" :Pvo -,ew, 5 \.\ "'0" ~.;. ~. "'i:...., ,-' ~~. ~< " FINALLY, c'~) .> ' , ,"_" ~-i~'''-':''- ~.../ I , adopted, passed and approved this ~~ 1995. day of ~h'~ ~ Y~~M\ W~'lCtlNlet~, ~C1V .pli'O T~ 6