The URL can be used to link to this page

Home My WebLink Aboutordinance.council.010-02 ORDINANCE NO. 10 (SERIES OF 2002) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN APPLICATION TO SUBDMDE LOT 1, ASPEN GOLF COURSE SUBDMSION INTO LOT lA AND LOT lB, ASPEN GOLF COURSE SUBDIVISION, AND TO REZONE THE FORMER GOLF PRO SHOP ( NEWLY CREATED LOT lB) FROM PARK WITH A GCS- PUD (GOLF COURSE SUPPORT) OVERLAY TO THE PUBLIC (PUB) ZONE DISTRICT WITH A PUD OVERLAY, AND TO AMEND THE TRUSCOTT PLANNED UNIT DEVELOPMENT TO ESTABLISH ALLOWABLE DIMENSIONAL REQUIREMENTS ON THE NEWLY CREATED LOT lB, ASPEN GOLF COURSE SUBDIVISION, CITY OF ASPEN. PITKIN COUNTY, COLORADO. Parcel ID: 2 735-111-09-001 WHEREAS, the Community Development Department received an application from the City of Aspen Recreation Department, represented by Steve Aitken, requesting to subdivide Lot 1, Aspen Golf Course Subdivision into Lot lA and Lot lB, and to rezone the former Aspen Municipal Golf Course Pro Shop (newly created Lot lB) from the Park Zone District with a GCS (Golf Course Support) and PUD Overlay to the Public (PUB) Zone District with PUD Overlay, and to amend the Truscott PUD to establish allowable dimensional requirements for the newly created Lot lB, Aspen Golf Course Subdivision; and, WHEREAS, the Conmnunity Development Department received referral comments from the Aspen Consolidated Waste District, City Engineering, Fire, Parks, Building and Water Departments; and, WHEREAS, upon review of the application, and the applicable code standards, the Commtmity Development Department recommended approval for the proposed subdivision, rezoning of LOt lB from the Park Zone District with a GCS (Golf Course Support) and a PUD Overlay to the PUB (Public) Zone District with PUD Overlay, and PUD amendment to establish allowable dimensional requirements for the newly created Lot lB; and WHEREAS, the Planning and Zoning Commission forwarded a recommendation of approval, by a vote of six to zero (6 - 0), recommending that City Council approve with conditions the proposed subdivision of Lot 1, Aspen Golf Course Subdivision into Lots lA and IB, Aspen Golf Course Subdivision, the proposed rezoning of the newly created Lot lB to the Public Zone District with a PUD Overlay, and the proposed PUD Amendment to set the allowable dimensional requirements for the newly created Lot lB as the site's existing 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 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 RESOLVED By THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Section 26.480 of the City of Aspen Land Use Code, the proposal to subdivide Lot 1, Aspen Golf Course Subdivision, into Lots lA and lB, Aspen Golf Course Subdivision is approved with the following conditions: 1. Within 180 days after final approval by City Council, the applicant shall record an amended Aspen Golf Course Subdivision plat that reflects the approved subdivision. 2. The amended plat shall include a plat note limiting the allowable floor area of the newly created Lot lB of the Aspen Golf Course Subdivision to it's existing conditions. 3. The applicant shall provide the final approved line data (in electronic format) describing the revised subdivision boundaries and zoning to the Geographic Information Systems Department prior to the sale of the newly created Lot lB. 4. The City of ASpen shall grant a 24' wide private access easement across Lot lA for the benefit of the owner of Lot lB, Aspen Golf Course Subdivision. Such access easement shall be included in the plat to be recorded. 5. The Community Development Director shall determine through the administration ora business license, if an additional non-profit tenant(s) provides a "community service" prior to approval. Section 2 Pursuant to the procedures and standards set forth in Section 26.310 of the City of Aspen Land Use Code, the proposal to rezone the newly created Lot lB, Aspen Golf Course Subdivision, fi.om the Park Zone District with a Golf Course Support and PUD Overlay to the Public (PUB) Zone District with a PUD Overlay is approved. Section 3 Pursuant to the procedures and standards set forth in Section 26.445 of the City of Aspen Land Use Code, the proposed PUD amendment to establish the allowable dimensional requirements for the newly created Lot lB is approved with the following conditions: 1. The approved dimensional requirements for the newly created Lot lB, Aspen Golf Course Subdivision shall be as follows: Minimum Lot Size: 3,897 square feet External Floor Area Ratio: Existing Conditions Minimum Setbacks: Existing Building Footprint Maximum Height: Existing Conditions 2. Within 180 days after final approval by City Council, the applicant shall record an amended Subdivision/PUD Amendment Plat that reflects the approved amendments to the Truscott Planned Unit Development. 3. The owner/occupant of the former Golf Pro Shop shall have the right to utilize parking in the shared Truscott recreation parking lot. Section 4: 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 construed and concluded under such prior ordinances. Section 5: 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 remairfing portions thereof. A public heating on this ordinance was held and tabled on the 22nd day of April, 2002, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. A public hearing on this ordinance was held and tabled on the 8th day of July, 2002, in City Council Chambers, Aspen City Hall, Aspen, Colorado. A public hearing on this ordinance was held on the 22nd day of July, 2002, 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 this 25th day of March, 2002. Attest: Kathry~ ~. ~/c~,"~tY er FINALLY, adopted} passed and approved by a five to zero (5-0) vote this 22nd day of July, 2002. Attest: KathrY~ S. K~h; Cit~Cle~k k~ Approved as to form: Jo nCEn~. W°r~c~ster, City AttOrney