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HomeMy WebLinkAboutordinance.council.043-03ORDINANCE NO. 43 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING AN AMENDMENT TO THE MAROON CREEK CLUB SPECIALLY PLANNED AREA/PUD AND A GMQS EXEMPTION FOR A CHANGE IN USE TO ALLOW FOR THE COMBINED LODGE UNIT IN THE MAROON CREEK CLUB TO BE CONVERTED TO A MULTI-FAMILY RESIDENTIAL DWELLING UNIT, LOT 51, MAROON CREEK CLUB SUBDIVISION/SPA/PUD, CITY' OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-023-09-051 WHEREAS, the Community Development Department received an application from Jim Williams ("Applicant") requesting an amendment to the Maroon Creek Club Specially Planned Area/PUD and a GMQS exemption for a change in use to allow for the combined lodge unit (consisting of lodge units 1, 2, and 3 that were originally constructed) in the Maroon Creek Club to contain a kitchen and thereby become a multi- family dwelling unit on Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and, WHEREAS, Maroon Creek LLC and the AEP Family LLLP are the owners of Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and, WHEREAS, Maroon Creek LLC and the AEP Family LLLP have provided written consent for the Applicant to apply for a PUD and SPA Amendment, and a change in use on Lot 51, of the Maroon Creek Club Subdivision/SPA/PuD; and, WHEREAS, City Council Ordinance No. 40, Series of 1996 zoned the subject property to Park with an SPA and PUD Overlay upon annexation into the City of Aspen; and, WHEREAS, pursuant to the applicable provisions of the Municipal Code, the site-specific development plan that was approved by Pitkin County pursuant to BOCC Resolution No. 104, Series of 1993 and subsequently annexed into the City of'Aspen shall be considered the final SPA development plan for purposes of amendment; and, WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined Reviews, the Community Development Director in consultation with the applicant has concluded that a combined review of the land use requests associated with this application would reduce duplication and ensure economy of time, expense, and clarity; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development; Section 26.470, Growth Management Quota System; and Section 26.440, Specially Planned Area, the City Council may approve, approve with conditions, or deny the land use requests made by the applicant during a duly noticed public hearing after taking and considering comments from the general public, and recommendations from the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Streets Department, and the Community Development Department reviewed the proposal; and, WHEREAS, the Community Development Director recommended that the Planning and Zoning Commission deny the proposed application; and, WHEREAS, during a duly noticed public hearing on August 5, 2003, the Planning and Zoning Commission recommended, by a four to three (4-3) vote, that City Council approve the proposal with a condition; 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 Communky Development Director, the Aspen/Pitkin County Housing Authority, the applicable referral agencies, and has taken and considered public comment at a public heating; and, WI-IEREAS, 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 set forth in Title 26 of the Aspen Municipal Code, City Council hereby approves a PUD and SPA amendment and a GMQS exemPti°ri f6r a change in use to allow for the combined lodge unit (consisting of lodge units 1, 2, and 3) in the Maroon Creek Club to add a kitchen and thereby become a multi-family residential dwelling unit, with the following condition: The lodge unit to be converted to a residential dwelling milt shall be upgraded to meet the 1998 ANSI TYPe B adaptable clearance requirements relating to the handicap accessibility of the bathroom. Section 2: 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 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 hearing on the ordinance was held on the 22nd day of September, 2003, 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 25th day of August 2003. Attest: Helen Kalin Klanderud, Mayor Kathryn S. Koch, City Clerk