HomeMy WebLinkAboutordinance.council.014-00 ORDINANCE NO.J__~7/
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE SPECIALLY PLANNED AREA REVIEW TO
BUILD A SKATEBOARD PARK AND TO RELOCATE THE EXISTING
BASKETBALL COURT ON RIO GRANDE PARK, SITE B, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 2737-073-06-851
WHEREAS, the Community Development Department received an application
from the City of Aspen Parks Department for a Specially Planned Area Review to build a
skateboard park and to relocate the basketball court on Rio Grande Park, Site B; and,
WHEREAS, City Council Resolution No. 42, Series of 1993 approved the RIo
Grande Master Plan; and,
WHEREAS, pursuant to the Rio Grande Master Plan and applicable provisions
of the Municipal Code. development review for site specific projects for the RIo Grande
parcels shall be reviewed through the Specially Planned Area development review; and,
WHEREAS, the Rio Grande Master Plan identifies a half-p~pe skateboard ramp
can be located on Rio Grande Park, Site B; and,
WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council
may approve a Specially Planned Area Review during a duly noticed public hearing after
considering a recommendation from the Planning and Zoning Commission made at a
duly noticed public hearing, comments from the general public, a recommendation from
the Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, during a duly noticed public hearing on April 18, 2000, the
Planning and Zoning Commission recommended, by a five to two (5-2) vote, approval of
a Specially Planned Area Review to build a skateboard park and to relocate the basketball
court on RIo Grande Park, Site B, with conditions contained herein; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, and the Community Development Department
reviewed the Project and recommended approval 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 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 Commumty
Plan; and,
WltEREAS, 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
The Specially Planned Area Review to build a skateboard park and to relocate the
basketball court on Rio Grande Park, Site B, is approved with the following conditions:
1. All prior City of Aspen approvals shall remain in full force and effect.
2. Emergency vehicle access to the theatre shall be maintained.
3. Currently, the fire extinguisher demonstration classes are performed on the present
basketball courts. The Parks Department shall consider a court surface that will
allow for the continuation of these demonstration classes.
4. The Applicant shall relocate the existing conduit to the satisfaction of the Electric
Department.
5. The Applicant shall install water facilities to the relocated drinking fountain at the
entrance to Rio Grande Park.
6. A water spigot for the cleanout of the area should be provided. It may be possible
to use the irrigation lines if there is no change in the back flow.
7. The applicant shall not track mud onto City streets during construction. A washed
rock or other s[yle mud rack must be installed on site during construction.
8. Prior to Construction:
a The Applicant shall obtain a tree removal permit for the removal of trees on s~te.
b. The Applicant shall submit and the City Engineer shall approve a drainage plan
for the site. Drainage shall be controlled in a way that is beneficial to use the
flood routing concept which would control the water flow from drainage
through depressions in the landscaping.
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 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 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 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.
Section 5:
A duly noticed public hearing on this Ordinance was held on the 8th day of May, 2000, at
5:00 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 24th day of April, 2000.
Attest:
Kathryn S.ff(och, City Clerk Richards,
FINALLY, adopted, passed and approved tiffs 8th day of May, 2000.
Attest:
Kathryn S. Yio~h, City Clerk chel Ri
Approved as to form:
John ~orcestor, C~ty Attorney