HomeMy WebLinkAboutordinance.council.043-03ORDINANCE NO. 43
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO THE MAROON CREEK CLUB SPECIALLY PLANNED
AREA/PUD AND A GMQS EXEMPTION FOR A CHANGE IN USE TO ALLOW
FOR THE COMBINED LODGE UNIT IN THE MAROON CREEK CLUB TO BE
CONVERTED TO A MULTI-FAMILY RESIDENTIAL DWELLING UNIT, LOT
51, MAROON CREEK CLUB SUBDIVISION/SPA/PUD, CITY' OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2735-023-09-051
WHEREAS, the Community Development Department received an application
from Jim Williams ("Applicant") requesting an amendment to the Maroon Creek Club
Specially Planned Area/PUD and a GMQS exemption for a change in use to allow for the
combined lodge unit (consisting of lodge units 1, 2, and 3 that were originally
constructed) in the Maroon Creek Club to contain a kitchen and thereby become a multi-
family dwelling unit on Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and,
WHEREAS, Maroon Creek LLC and the AEP Family LLLP are the owners of
Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and,
WHEREAS, Maroon Creek LLC and the AEP Family LLLP have provided
written consent for the Applicant to apply for a PUD and SPA Amendment, and a change
in use on Lot 51, of the Maroon Creek Club Subdivision/SPA/PuD; and,
WHEREAS, City Council Ordinance No. 40, Series of 1996 zoned the subject
property to Park with an SPA and PUD Overlay upon annexation into the City of Aspen;
and,
WHEREAS, pursuant to the applicable provisions of the Municipal Code, the
site-specific development plan that was approved by Pitkin County pursuant to BOCC
Resolution No. 104, Series of 1993 and subsequently annexed into the City of'Aspen
shall be considered the final SPA development plan for purposes of amendment; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined
Reviews, the Community Development Director in consultation with the applicant has
concluded that a combined review of the land use requests associated with this
application would reduce duplication and ensure economy of time, expense, and clarity;
and,
WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit
Development; Section 26.470, Growth Management Quota System; and Section 26.440,
Specially Planned Area, the City Council may approve, approve with conditions, or deny
the land use requests made by the applicant during a duly noticed public hearing after
taking and considering comments from the general public, and recommendations from
the Planning and Zoning Commission, Community Development Director, and relevant
referral agencies; and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Streets Department, and the Community
Development Department reviewed the proposal; and,
WHEREAS, the Community Development Director recommended that the
Planning and Zoning Commission deny the proposed application; and,
WHEREAS, during a duly noticed public hearing on August 5, 2003, the
Planning and Zoning Commission recommended, by a four to three (4-3) vote, that City
Council approve the proposal with a condition; 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
Communky Development Director, the Aspen/Pitkin County Housing Authority, the
applicable referral agencies, and has taken and considered public comment at a public
heating; and,
WI-IEREAS, 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 THE CITY COUNCIL OF THE' CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures set forth in Title 26 of the Aspen Municipal Code, City
Council hereby approves a PUD and SPA amendment and a GMQS exemPti°ri f6r a
change in use to allow for the combined lodge unit (consisting of lodge units 1, 2, and 3)
in the Maroon Creek Club to add a kitchen and thereby become a multi-family residential
dwelling unit, with the following condition:
The lodge unit to be converted to a residential dwelling milt shall be
upgraded to meet the 1998 ANSI TYPe B adaptable clearance requirements
relating to the handicap accessibility of the bathroom.
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 same 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 was held on the 22nd day of September, 2003, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 25th day of August 2003.
Attest:
Helen Kalin Klanderud, Mayor
Kathryn S. Koch, City Clerk