HomeMy WebLinkAboutordinance.council.042-01 ORDINANCE NO. 42
(SERIES OF 2001)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING AN AMENDMENT TO THE ASPEN GOLF AND TENNIS
CLUB/TRUSCOTT HOUSING SUBDIVISION AND FINAL PLANNED UNIT
DEVELOPMENT.
WHEREAS, the Community Development Department received an application
(the application) from the City of Aspen and the AspenfPitkin County Housing Authority,
applicant, for an amendment to the Subdivision and Final Planned Unit Development
(PUD) approvals granted to the Aspen Golf and Tennis Club/Truscott Housing project to
acknowledge "Lot #5" as depicted on the recorded subdivision/PUD plat of the project;
and,
WHEREAS, pursuant to Aspen City Council Ordinance No. 34, Series of 2000,
the Truscott Affordable Housing and Aspen Golf and Tennis Club project (the project)
was granted Subdivision and Final PUD approval; and,
WHEREAS, "Lot #5" is a parking lot serving affordable housing units located on
lots 2, 3 and 4 of the subdivision; and,
WHEREAS, no physical changes to the project are proposed or approved via this
ordinance; and,
WHEREAS, pursuant to Section 26.480.080 of the Land Use Code, the City
Council may approve subdivision amendment consistent with the approved plat; and,
WHEREAS, pursuant to Section 26.445.100 and 26.304.060(B)(1) and in
consultation with the applicant, the Community Development Director has perraitted a
modification in review procedures to combine the Insubstantial PUD amendment to
acknowledge lot #5 in the PUD with the subdivision amendment review for the purposes
of ensuring economy of time and clarity without lesserfing any public hearing noticing or
any scrutiny of the project as would otherwise be required; 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 Community Development Director and
has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the proposed subdivision and PUD
amendment meets or exceeds all applicable development standards and that the approval of
the 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 as follows:
Ordinance No. 42,
Series of 2001. Page 1
Section 1:
The Aspen Golf and Tennis Club/Tmscott Affordable Housing Subdivision and
Planned Unit Development is comprised of five (5) parcels, as depicted on the
subdivision plat on file with the Pitkin County Clerk and Recorder at Book 56,
Pages 72-89. Lot 5 of the subdivision is the parking lot for affordable housing
located on lots 2, 3, & 4.
Section 2:
The Official Zone District Map of the City of Aspen shall continue to depict lot 1
and lot 5 within the Park (P) zone district, to depict lots 2, 3, & 4 within the
Residential Multi-Family zone district, to depict all land in the subdivision with a
Planned Unit Development (PUD) Overlay designation, and shall continue to
depict a Golf Course Support (GCS) Overlay designation for the area described on
the subdivision plat.
Zoning descriptions on the recorded subdivision plat shall not be construed to
represent official zoning for the land.
Section 3:
The Final Planned Unit Development approved dimensional requirements are
hereby amended to reflect surface parking spaces allocated to each lot as depicted on
plat sheet #7, recorded at Pitkin County Clerk and Recorder Book 56, Page 78. Lot
5 has no other approved dimensions and no structures are permitted in the current
PUD.
Section 4:
Unless specifically modified by a competent jurisdiction, all provisions of
Ordinance 34, Sexies of 2000, and improvements described on the recorded plat
remain in full force and effect.
Section 5:
All material representations and commitments made by the developer pursuant to
the development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department or the
Aspen City Council, are hereby incorporated in such plan development approvals
and the same shall be complied with as ff fully set forth herein, unless amended by
other specific conditions.
Section 6:
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.
Sgction 7:
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
Ordinance NO. 42,
Series of 2001. Page 2
portion shall be deemed a separate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 8:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitldn County Clerk and Recorder.
Section 9:
A public hearing on the Ordinance shall be held on the 12th day of November 2001,
at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15)
days prior to which hearing a public notice of the same was published in a newspaper
of general circulation within the City of Aspen~
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 9th day of October, 2001.
Attest:-
FINALLY, adopted, passed and approved this 1'2- day of~2001.
Attest:'-~ ~
Kathryn S. K~t0~, CRy Clerk - Helen I~ I~n'~rud,~l~ayor
Approved as to form:
C:~home\Chtis\CASES\Trusco~._Final~Lot~5_Ord.doc
Ordinance No. 42,
Series of 2001. Page 3