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HomeMy WebLinkAboutordinance.council.014-00 ORDINANCE NO.J__~7/ (SERIES OF 2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE SPECIALLY PLANNED AREA REVIEW TO BUILD A SKATEBOARD PARK AND TO RELOCATE THE EXISTING BASKETBALL COURT ON RIO GRANDE PARK, SITE B, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-06-851 WHEREAS, the Community Development Department received an application from the City of Aspen Parks Department for a Specially Planned Area Review to build a skateboard park and to relocate the basketball court on Rio Grande Park, Site B; and, WHEREAS, City Council Resolution No. 42, Series of 1993 approved the RIo Grande Master Plan; and, WHEREAS, pursuant to the Rio Grande Master Plan and applicable provisions of the Municipal Code. development review for site specific projects for the RIo Grande parcels shall be reviewed through the Specially Planned Area development review; and, WHEREAS, the Rio Grande Master Plan identifies a half-p~pe skateboard ramp can be located on Rio Grande Park, Site B; and, WHEREAS, pursuant to Section 26.440 of the Land Use Code, City Council may approve a Specially Planned Area Review during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on April 18, 2000, the Planning and Zoning Commission recommended, by a five to two (5-2) vote, approval of a Specially Planned Area Review to build a skateboard park and to relocate the basketball court on RIo Grande Park, Site B, with conditions contained herein; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, and the Community Development Department reviewed the Project and recommended approval with 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 Commumty Plan; and, WltEREAS, 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 The Specially Planned Area Review to build a skateboard park and to relocate the basketball court on Rio Grande Park, Site B, is approved with the following conditions: 1. All prior City of Aspen approvals shall remain in full force and effect. 2. Emergency vehicle access to the theatre shall be maintained. 3. Currently, the fire extinguisher demonstration classes are performed on the present basketball courts. The Parks Department shall consider a court surface that will allow for the continuation of these demonstration classes. 4. The Applicant shall relocate the existing conduit to the satisfaction of the Electric Department. 5. The Applicant shall install water facilities to the relocated drinking fountain at the entrance to Rio Grande Park. 6. A water spigot for the cleanout of the area should be provided. It may be possible to use the irrigation lines if there is no change in the back flow. 7. The applicant shall not track mud onto City streets during construction. A washed rock or other s[yle mud rack must be installed on site during construction. 8. Prior to Construction: a The Applicant shall obtain a tree removal permit for the removal of trees on s~te. b. The Applicant shall submit and the City Engineer shall approve a drainage plan for the site. Drainage shall be controlled in a way that is beneficial to use the flood routing concept which would control the water flow from drainage through depressions in the landscaping. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: 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. Section 4: 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 5: A duly noticed public hearing on this Ordinance was held on the 8th day of May, 2000, at 5:00 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 24th day of April, 2000. Attest: Kathryn S.ff(och, City Clerk Richards, FINALLY, adopted, passed and approved tiffs 8th day of May, 2000. Attest: Kathryn S. Yio~h, City Clerk chel Ri Approved as to form: John ~orcestor, C~ty Attorney