HomeMy WebLinkAboutresolution.apz.009-95A RESOLUTION OF THE ASPEN PLANNING AND ZONING CO~IMISSION FOR THE
APPROVAL OF A CONDITIONAL USE FOR A HEALTH AND FITNESS FACILITY
IN THE OFFICE ZONE DISTRICT, LOCATED IN THE ASPEN ATHLETIC CLUE
BUILDING CONDOMINIUM AT ?Z0 EAST HYMAN AVENUE, SUITE $03, CITY OF
ASPEN, COLOI~.DO.
Resolution No. 95- ~
WHEREAS, pursuant to Ordinance 19, Series of 1995, amending
Chapter 24-5-213 office zone district, health and fitness
facilities may be allowed in the Office zone district if approved
by the Planning and Zoning Commission as a conditional use in
conformance with the requirements of Section 24-7-304; and
WHEREAS, the subject building's leasing agent and Jean Robert
Barbette were not aware that in January 1994, the Office zone
district did not allow the use intended, and Mr. Barbette proceeded
to open his business; and
WHEREAS, in early February, 1995, the Zoning Official
determined that the Barbette facility was not in conformance with
the Office zone district requirements, an'd Planning staff advised
Mr. Barbette of options available to him; and
WHEREAS, on February 15, 1995, the Planning Office received
an application from Mr. Barbette for an amendment to the land use
regulations and Conditional Use review for a health and fitness
facility at 720 East Hyman Avenue; and
WHEREAS, the Housing Office and the Planning Office reviewed
the proposal for zone district amendment and conditional and
recommended approval with conditions; and
WHEREAS, during a public hearing at a regular meeting on March
21, 1995, the Planning and Zoning Commission voted 4-1 to recommend
to City Council approval of the proposed text amendment as revised
by staff, and voted 5-0 to approve the Conditional Use review for
the health and fitness facility, pending Council approval of the
proposed text amendment, with conditions recommended by the
Planning Office; and
WHEREAS, after the March 21 public hearing and approval of the
conditional use, and during City Council consideration of the text
amendment on May 15, 1995, two neighbors of the Aspen Athletic Club
Building Condominium voiced concern about lights shining at night
from the Barbette health and fitness facility, and appealed to
Council to require some protection for their privacy; and
WHEREAS, City Council passed within their motion to adopt the
text amendment, that a condition shall be added to the Planning and
Zoning Commission resolution requiring night time shading of all
windows of the Barbette facility.
1
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Barbette Conditional Use for a health and fitness facility
is approved with the following conditions, finding that it meets
the Conditional Use criteria in the Office Zone:
1) No more than seven full time equivalent employees shall be
associated with this facility.
2) Ail material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other
conditions.
3) This approval is valid only upon final City Council
adoption of a code amendment allowing such facilities as
conditional uses in the Office zone district.
4) The applicant shall effectively shade all windows nightly
so that light will not emanate from the health and fitness
facility.
APPROVED by the Commission at its regular meeting on March 21,
1995.
Attest:
Sharon Carrillo,
Deputy City