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HomeMy WebLinkAboutresolution.apz.024-07RESOLUTION N0.24 (SERIES OF 2007) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING WITH CONDITIONS A PUD AMENDMENT TO LAND TRANSFERABLE DEVELOPMENT RIGHTS FOR THE MOORE FAMILY PUD, CITY OF ASPEN, PITHIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Five Trees Homeowners Association, represented by Gideon Kaufman of Kaufman, Peterson and Dishler, requesting approval of a PUD Amendment for the Moore Family PUD, Reception No. 420467; and, WHEREAS, the request seeks to increase the maximum allowable FAR from 6,000 square feet per parcel (above-grade) to 6,500 squaze feet per parcel (above-grade) via the landing of up to two (2) Transferable Development Rights (TDRs); and, WHEREAS, upon review of the application and the applicable code standards, 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 hearing on September 4, 2007, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein and approved the PUD Amendment by a vote of 3-1 ;and, WHEREAS, the Planning and Zoning Commission found that the proposed amendment, with conditions, 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: Section 1 • Approval of the PUD Amendment Pursuant to the procedures and standazds set forth in Title 26 of the Aspen Municipal Code, the Plazuvng and Zoning Commission approves the following language changes to the "Moore Family Planned Unit Development Guide," recorded at Reception No. 420467 with the Pitkin County Clerk and Recorder's Office: Article V, Floor Area Limitations, Section 1, Single Family Dwelling Units, is deleted in its entirety and replaced with the following: "Single-family dwelling units are limited to a floor area of 6,000 square feet, as defined in Article IV above, with the following exception: Single-family dwelling units may obtain up to two (2) City of Aspen Transferable Development Rights, each of which provide an additiona1250 square feet of above-grade floor area, thereby establishing a new Maximum Floor Area Limitation of 6,500 square feet. The additional floor area obtained through the extinguishment of up to two (2) City of Aspen TDR(s) may only be utilized within the platted building envelope." Section 2: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the Planning and Zoning Commission, aze 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 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 4: 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 sepazate, 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 4th day of September, 2007. Attest: ckie Lothian, Assistant -ty Clerk lan Johq', ~1 air ~r i~/~n 'T/ nS Approved as to form: ~------' City Attorney