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HomeMy WebLinkAboutordinance.council.003-91 . . -- ORDINANCE NO. '3 (SERIES OF 1991) AN ORDINANCE OF THE CITY OF ASPEN GRANTING AMENDMENT TO THE POD FINAL DEVELOPMENT PLAN OF THE ASPEN GOLF COURSE FOR LIGHTING A PORTION OF THE NORDIC SKI TRAILS AT THE GOLF COURSE LOCATED AT 22475 W. HIGHWAY 82, ASPEN, COLORADO WHEREAS, the AspenjSnowmass Nordic Council submitted to the Planning Office an application for Amendlnent to the Aspen Golf Course PUD to allow installation of lights along a one kilometer portion of the cross country ski trail on the golf course; and WHEREAS, the Planning Office received referral comments from the Parks Department; and WHEREAS, the Planning staff felt that it would be difficult to judge the visual impact of the proposed lights on the surrounding land uses, and recommended a trial period whereby citizens and staff could observe the lights in use; and WHEREAS, on February 19, 1991 a public hearing was held before the Aspen Planning and Zoning commission and with a unanimous vote recommended to Council the approval of the Amendlnent to the Aspen Golf Course PUD, with conditions, for a trial period of lighting through the end of the current ski season; and WHEREAS, prior to the proposal being brought to City Council, the Nordic Council submitted a request to change the dates of the trial period to the winter of 1991-1992 due to the rapidly approaching close of the 1990-1991 ski season; WHEREAS, the Planning Office brought this request for change 1 . e . back to the Commission for a straw vote on March 5, 1991 and the Commission unanimously felt that the trial period could be changed to encompass the period from the commencement of the ski season through December 31, 1991; and WHEREAS, the Commission also felt that a staff level review of the lights in mid December 1991 would be appropriate to consider extending the lighting period. This would preclude the Nordic Council from having to process another two-step PUD approval in the middle of the eki season, causing additional expense and delays. WHEREAS, pursuant to Section 7-903 of the Aspen Land Use COde, the City Council may grant approval to an amendlnent-- to a PUD; and WHEREAS, the Aspen City Council having considered the Planning and Zoning Commission's recommendations, does wish to grant the amendlnent to the Aspen Golf Course PUD to allow a trial period for lighting a portion of the one kilometer inner loop nordic trail with conditions; and WHEREAS, the City Counc~l also wishes to include in this amendment the provision to allow a City Council review in mid January for continuation of the lighting period if requested by the Nordic Council. The City council shall seek input from the Planning Commission prior to concluding the review. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: 2 - . . . That it does hereby grant approval for an amendlnent to the Aspen Golf Course PUD with the conditions recommended by the Planning and Zoning commission as amended. Section 2. The conditions of approval recommended by the Planning and Zoning commission and approved as amended by the City Council are: 1. An amended Aspen Golf Course PUD Plan and PUD Agreement must be filed with the Pitkin county Clerk and Recorder within 180 days of approval by City Council. This shall include the sketch plan of the trail loop and light locations. Failure to do so will require the applicant to resubmit the proposal to the Planning and Zoning Co~ission and City Council. 2. Hours of operation shall be limited to dusk to 8:00 pm, seven days per week from the onset of trail maintenance in November through January 31, 1991. 3. The applicant shall install the light fixtures under the supervision and consent of tha Golf Course Superintendent. 4. No more than seven (7) spot type light fixtures shall be installed with maximum bulb wattage of 100 watts. The lamps shall be downcast to minimize visibility from outside the ski loop. 5. Electricity used by the trail lights will be paid for by the applicant. Billing/payment methods shall be worked out between the applicant, the golf course, and electric company. 6. Any problems or complaints will be directed to the Nordic 3 . Center and the Nordic Council will notify the Parks Department of these situations. 7. If additional liability or insurance needs are incurred, the Nordic Center and ute Mountaineer shall be responsible for costs. 8. If the applicant wishes to continue the lighting program beyond January 31, 1991, submission of such request must be made to the Planning Director by Friday, January 10. A City Council review of such request will be conducted, to include input from the Planning and Zoning Commission. A notice in the newspaper shall be published at least one week prior to Council's review. Section J: That the City Clerk be and hereby 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 4: A public hearing on the Ordinance shall be held on the ~- day of ~./, 1990 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen ColoradO, fifteen (15) days prior to which a hearing of 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 '1ha/L?fJ , 199(. the City of Aspen on the /I~ day of ~,7~ William L. stirling, Mayor )4~ och, city Clerk 4 . . . ~,~~',~~I't'd. pa...d .nd ap~ th1. ~~ day of Wil~~~YOr A'l"I'EST: k _~~2,~ty Clerk jtkvj/nordic.pud.ord 5