HomeMy WebLinkAboutordinance.council.038-02 ORDINANCE NO. 38
(SEINES OF 2002)
AN ORDINANCE OF THE ASeEN CITY COUNCIL APPROVING 1)A GMQS
EXEMPTION FOR AN ESSENTIAL PUBLIC FACILITY, 2) ESTABLISHING A
CONSOLIDATED CONCEPTUAL/FINAL SPECIALLY PLANNED AREA ON
LOT 2 OF THE ASPEN GOLF COURSE SUBDMSION, AND 3) A PUD
AMENDMENT TO THE TRUSCOTT PUD TO ALLOW FOR THE
DECOMMISSIONED RESTAURANT IN TIlE TRUSCOTT i00 BUILDING TO BE
USED AS OFFICES FOR THE CITY OF ASPEN ASSET MANAGEMENT
DEPARTMENT'S PROJECT MANAGERS AND ON-SITE PROPERTY
MANAGERS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-54-001
WHEREAS, the Community Development Department received an application
from the City of Aspen Asset Management Department in conjunction with the Housing
Authority, represented by Michelle Bonfils, requesting approval of 1) a GMQS
Exemption for an Essential Public Facility, 2) to establish a consolidated conceptual/final
SPA on Lot 2, of' the Aspen Golf Course Subdivision, and 3) a PUD an~endment to the
Truscott PUD to allow for the Project Managers to use the decommissioned restaurant on
Lot 2 as office space until the start of construction on Truscott Phase III or the
implementation of the Civic Center Master Plan; and,
WHEREAS, City Council Ordinance 34, Series of 2002, restricts the use of the
decommissioned restaurant area in the Truscott 100 Building to a Community Meeting
Room; and,
WHEREAS, City Council may approve, approve with conditions, or deny an
application for a 1) GMQS Exemption for an Essential Public Facility, 2) a Consolidated
Conceptual/Final SPA, and 3) a PUD amendment after considering a recommendation from
the Planning and Zoning Commission and the Community Development Director; and,
WHEREAS, upon review of the application al~d the applicable code standards,
the Community Development Department recommended denial of the proposal; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and
considered the development proposal under the applicable provisions of the Municipal Code
and recommended that City Council approve the proposal with conditions; 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 of the Planning and Zoning Commission, the
Community Development Director, the AsperFPitkin County Housing Authority, 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 approval of the development proposal,
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
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY TIlE CiTY COUNCIL OF TIlE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section
26.470.070, GMQS Exemptions; Section 26.440, Specially planned Area; and Section
26.445, Planned Unit Development; City Council hereby approves a 1) GMQS Exemption
for an Essential Public Facility, 2) a Consolidated Conceptual/Final SPA on a portion of
Lot 2 of the Aspen Golf Course Subdivision, and 3) a PUD Amendment to allow for the
Asset Management Department to use the decommissioned restaurant space in the
Truscott 100 building as offices for their four (4) Project Managers and two (2) On-site
Truscott Property Managers with the following condition:
1. The use of the decommissioned restaurant by the Asset Management
Department Project Managers as office space shall be reexamined by the
Planning and Zoning Commission in two years to determine the
appropriateness of continuing the office use in this location.
Section 2:
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 stone shall be construed and concluded under such
prior ordinances.
Section 3:
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 4:
A public hearing on the ordinance shall be held on the 25th day of November, 2002, in the
City C0tmcil Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City o£Aspen on the 28th day of October, 2002.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved by a vote of to (__-~), ttrs
25th day of November, 2002.
Helen Kalin Klandernd, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney