HomeMy WebLinkAboutordinance.council.039-05ORDINANCE NO. 39
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING 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.
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 hearing, 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 hearing, 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
Planning 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, during a duly noticed public heating on September 26, 2005, the
Aspen City Council continued the public hearing to October 11, 2005; and,
WHEREAS, during a continued public hearing on October 11, 2005, the Aspen
City Council approved Ordinance No. 39, Series of 2005, by a five to zero (5-0) vote,
approving 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 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 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 and standards set forth in Title 26 of the Aspen Municipal Code,
City Council hereby approves 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:
This Ordinance 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 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 heating on this ordinance was held on the 1 lth day of October, 2005, 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 12th day ofS~j ~ ~/
Hel~n~K~lirfI~ile-md, Mayor --
Attest:'
Kathryn 'S. K~h, City Clerk
FINALLY, adopted, passed and approved by a vote of five to zero (5-0), this 1 lth day of
October, 2005.
Attest: / /
/Kathryn S. ~96h, City Clerk
Approved as to form:
~:~l'~n~?. VC'6'ttc~sier, 1:2ity Attorney