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HomeMy WebLinkAboutresolution.apz.009-09RESOLUTION N0. 09 (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A PUD AMENDMENT AFFECTING THE MOORE FAMILY PUD DEVELOPMENT GUIDE BY AMENDING ARTICLE VIII, BUILDING SETBACKS AND ARTICLE XVII, LANDSCAPING, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Five Trees Homeowners Association represented by Gazy L. Beach of the Five Trees Metropolitan District, requesting approval of a PUD Amendment for the Moore Family PUD, Reception No. 420467; and, WHEREAS, the request seeks to create provisions to accommodate landscaping, drainage, and disturbances due to development and natural causes; and, WHEREAS, upon review of the application and the applicable code standazds, the Community Development Department recommended approval of the proposed PUD Amendment; and, WHEREAS, the applicable code standard is outlined in Section 26.445.100(B) "Other Amendment"; and, WHEREAS, during a duly noticed public heazing on June 16, 2009, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Land Use Code as identified herein and approved the PUD Amendment by a vote of five -zero ;and, WHEREAS, the Planning and Zoning Commission found that the proposed amendment meets or exceeds all of the applicable development standazds; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approves the following changes to the "Moore Family Planned Unit Development Guide," recorded at Reception No. 420467 with the Pitkin County Clerk and Recorder's Office: Section 1: Article VIII, Building Setbacks, which article sets forth standards for development, shall be amended to read as follows: ARTICLE VIII BUILDING SETBACKS All development, including grading, shall be contained within the Building Envelopes, with the exception of grading necessary for driveways and driveway retaining Page 1 of 3 walls, roads as depicted on the Detailed Submission grading plans, and berms, and landscaping in Open Space Area 9. In addition, certain improvements outside the designated building envelope may occur as provided herein. An Activity Envelope (AE) will be measured twenty (20) feet from the foundation of the principal and accessory structures on each residential lot. Permitted activities within the AE may include: - Approved landscaping (See Article XVII for landscaping requirements); and, - Drainage features including drainage swales and drywells; and, - Geothermal wells; and, - Trenching for utilities. Finally, an Interim Disturbance Area (IDA) is defined as an azea that is disturbed to trench and install utilities from the street to the structures located within the Building Envelope. The IDA is limited in width to ten (10) feet and is required to be re-vegetated, once utilities aze trenched and installed, with an approved landscaping plan. Any azea of the IDA shall be landscaped with native vegetation that is approved as part of a landscape plan as outlined in Article XVII, Landscaping, of this development guide. Section 2: Article XVII, Landscaping, which article sets forth standazds for landscaping, shall be amended to read as follows: ARTICLE XVII LANDSCAPING 1. Landscaping shall substantially comply with the Moore Family PUD Detailed Landscaping Plan approved at Detailed Submission. 2. Grasses and wildflowers to be planted in common areas shall comply with the mix established on the Moore Family PUD Detailed Landscaping Plan. 3. Landscaping south of the Maroon Creek Flume shall be limited to the plant list set forth on Exhibit "K" attached hereto and made part hereof. 4. An approved landscaping plan shall be submitted with a development application, approved by the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association, for landscaping proposed within the Building Envelope and Activity Envelope (refer to Article VIII, Building Setbacks). 5. Property owners shall submit a landscaping plan for approval to re-vegetate azeas that are within an Interim Disturbance Area that have been impacted from the construction of utilities (refer to Article VIII, Building Setbacks). Each plan for a property must be approved by the City Pazks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. Page 2 of 3 6. Due to site limitations, property owners may be permitted to satisfy re- vegetation or tree replacement requirements as a part of an approved landscaping plan by locating plantings in open space areas within the subdivision with the approval of both the City Parks Department and the Five Trees Metropolitan District or other authority designated by the Home Owners Association. To maintain a natural environment, the City's Parks Department would prefer first, tree replacement on the individual residential lots; second, locating plantings in open space areas; and, third, the payment of cash in lieu in an amount determined by the Pazks Department. 7. Diseased or dead trees located outside of a Building or Activity Envelope may only be replaced with the approval of the City Parks Department as the intent of prohibiting landscaping outside of designated envelopes is to maintain a natural environment. Section 3: 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, 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 4: This resolution shall not affect 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 5: If any section, subsection, sentence, clause, phrase, or portion of this resolution 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. APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 16th day of June, 2009. Attest: ackie Lothian, City Clerk Approved as to form: ~~^--- ames R. True, Special Counsel Stan Gibbs, Vice -Chair Page 3 of 3