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HomeMy WebLinkAboutresolution.apz.025-05RESOLUTION NO. 25 (SERIES OF 2005) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE AN AMENDMENT TO THE ISELIN PARK SPECIALLY PLANNED AREA (SPA) AND AN AMENDMENT THE ASPEN RECREATION CENTER'S GMQS APPROVAL FOR AN ESSENTIAL PUBLIC FACILITY TO ALLOW FOR THE CONSTRUCTION OF A MEETING ROOM AND OFFICE SPACE FOR ASPEN JUNIOR HOCKEY, ASPEN RECREATION CENTER, 861 MAROON CREEK ROAD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-142-00-851 WHEREAS, the Community Development Department received an application from Aspen Junior Hockey ("Applicant"), with consent to apply from the City of Aspen, requesting an amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS exemption for an Essential Public Facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve an amendment to a Specially Planned Area during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public heating, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.470.040(D)(3) of the Land Use Code, City Council may approve a GMQS review for an essential public facility during a duly noticed public heating after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public heating, and after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the City Engineering Department, Building Department, and the Community Development Department reviewed the proposal and recommended approval; and, WHEREAS, during a duly noticed public hearing on August 2, 2005, the Plaiming and Zoning Commission approved Resolution No.25, Series of 2005, by a six to zero (6-0) vote, recommending that City Council approve with conditions, an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 That the Planning and Zoning Commission hereby recommends that City Council approve an SPA amendment to the Iselin Park Specially Planned Area (SPA) and an amendment to the Aspen Recreation Center's GMQS approval for an essential public facility to allow for the construction of a 136 square foot office space and a 295 square foot meeting room within the Aspen Recreation Center, with the following conditions: The Applicant shall apply for and obtain a building permit prior to commencing construction. The building permit application shall include: a. A copy of the final Ordinance. b. A construction management plan. 2. Prior to issuance of a building permit: The primary contractor shall submit a letter to the Community Development Director stating that all conditions of approval have been read and understood. The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m on Monday thru Saturday. Employee housing mitigation in the amount of one full-time employee is hereby waived. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public heating or documentation presented before the Planning and Zoning Commission 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 an authorized entity. Section 3: This Resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 2nd day of August, 2005. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Jasmine Tygre, Chair ATTEST: ckie Lothiah, Deputy City Clerk