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DOC CODE: ORDINANCE
Pg 1 of 3, 09/08/2022 at 03:01:35 PM
ORDINANCE #15 Ingrid K. Grueter, Pitkin County, CO
(SERIES OF 2022)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL GRANTING A MINOR
AMENDMENT TO A PLANNED DEVELOPMENT PROJECT REVIEW APPROVAL
FOR THE THEATRE ASPEN FACILITY LOCATED AT 470 RIO GRANDE PLACE,
LOT 1, RIO GRANDE SUBDIVISION, CITY OF ASPEN, COLORADO
PARCEL ID: 2737-073-06-851
WHEREAS, the Community Development Department received an application from Theatre
Aspen, 110 E. Hallam, Suite 126, Aspen, CO 81611, requesting a Minor Amendment to the
Planned Development approval for their facility in Rio Grande Park. The request was amendment
to a condition of approval stated in Ordinance #38, Series of 2011 that requires seasonal removal
of the membrane roof and walls on the theater structure from October to April; and
WHEREAS, this property is located in the Public (PUB) zone district, with a Planned
Development Overlay, and is owned by the City of Aspen and leased to Theatre Aspen. The City
of Aspen authorized the submittal of this application; and,
WHEREAS, the Community Development Department referred the application to the City
Engineering and City Parks Departments for comments, performed an analysis of the application
and found that the review standards are met, with conditions; and
WHEREAS, City Council reviewed and considered the development proposal under the relevant
provisions ofthe Municipal Code as identified herein, reviewed and considered the recommendations
of the Community Development Director and the referral agencies, and took and considered public
comment at a public hearing; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion
of public health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1: Minor Planned Development Amendment to a Proiect Review_ Approval:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
request to leave all roof and walls in place at the Theatre Aspen facility 'in Rio Grande Park year-
round is approved with the following conditions:
1. Prior to any future replacement of the membrane roof and walls, Council will review and
approve the color selection for best fit within the seasonal color changes in the park.
2. This approval shall not allow any use of the tent for any time or purpose beyond the theater
season and winter storage occurring now.
505 Rio Grande Place, Theatre Aspen Minor PD Amendment
Ordinance # 15, Series 2022
3. The roof shall be kept in good repair at all times.
4. Theatre Aspen shall be solely responsible for ensuring public safety related to snow
shedding from the roof, and shall install and maintain warning/hazard signs, to be approved
by the City of Aspen Parks Department.
5. Any damage to the surrounding area from snow shedding, including damage to trees,
shrubs, irrigation or turf, is required to be repaired by Theatre Aspen, at its sole cost and
expense, as soon as practical, after approval from the City of Aspen Parks Department.
6. This approval shall be reviewed by City Council by May 2024, after two complete winter
seasons, to discuss any advisory measures for reasonable mitigation of energy use, safety
concerns, stonnwater or other impacts resulting from the roof remaining in place year
round.
Section 2•
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 the Community Development Department or the Aspen 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 or an authorized authority.
Section 3•
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4•
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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 26th day of July, 2022.
Attest: Approved as to content:
c
•
Nicole Henning, City Cie
7XWt�
Torre, Mayor
505 Rio Grande Place, Theatre Aspen Minor PD Amendment
Ordinance #15, Series 2022
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FINALLY, adopted, passed and approved this 9th day of August, 2022.
Approved as to form:
�imrue, City Attorney
Attest:
Nicole Henning, City 9terk
Approved as to content:
74w-�
Torre, Mayor
505 Rio Grande Place, Theatre Aspen Minor PD Amendment
Ordinance #15, Series 2022
3