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Home My WebLink Aboutresolution.apz.016-00 1ii111111i111111111111111111ii111111i111iiiiiiii1111ii iIN 451527 02/15/2001 10:16A RESOLUTI DAVIS i of 3 R 16.00 D 0.00 N 0.00 PITKIN COUNTY .CO RESOLUTION N0. 16 (SERIES OF 2000) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING OF THE MOORE FAMILY PLANNED UNIT DEVELOPMENT MINOR AMENDMENT AND FINAL PLAT MINOR AMENDMENT,CITY OF ASPEN,PITKIN COUNTY, COLORADO. WHEREAS,the Community Development Department received an application Zoom Flume LLC, represented by Glenn Horn of Davis Horn, Inc., for Planned Unit Development (PUD) and Final Plat minor amendments to reduce the front and rear yard setbacks for Lots 8e and 9e, Block F, from 20 feet to 12 feet, increase the height of the lift towers from the Moore PUD High School Ski Lift from 40 feet to 50 feet, and revise the Grading and Drainage Plan for Block F; and, WHEREAS, Ordinance No. 24, Series of 1991, approved the Moore Family PUD, and established a procedure and standards for minor PUD and Plat amendments to the Moore Family PUD; and, WHEREAS,pursuant to Section 26.445 of the Land Use Code, the Planning and Zoning Commission may approve minor Planned Unit Development and Plat amendments during a duly noticed public hearing after considering a recommendation from the Community Development Director and considering comments from the general public; and, WHEREAS,the Community Development Department reviewed the Project and recommended approval with conditions; and, WHEREAS,the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein,has reviewed and considered the recommendation from the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on March 21, 2000, the Planning and Zoning Commission approved, by a four to two (4-2)vote, approved minor amendments to the Moore Family PUD and Final Plat; and, WHEREAS,the Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. 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 Moore Family Planned Unit Development,Final Plat,PUD Guide, and Drainage Plan minor amendments are approved subject to the conditions of approval described hereinafter. Conditions of Approval: 1. The Moore Family PUD Guide amendments shall be recorded within 180 days of the final approval by the Planning and Zoning Commission. Moore Family PUD Amendment 1 Planning and Zoning Commission,March 21, 2000 2. The Moore Family PUD Plat shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way , location of utility pedestals, and a note stating that a witness corner will be installed on the north east corner of the property after completion of construction. b. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permit may be accepted by the Building Department. 4. The building permit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval for these amendments printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off-site replacement or mitigation of removed trees. e. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. 5. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions of approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,those J fees shall be payable according to the agreement. z 6. The applicant shall abide by all noise ordinances. Construction activity is limited to the 0 hours between 7 a.m. and 7 p.m. Cr o M 7. Before issuance of a building permit,the applicant shall record the Planning and Zoning Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza c d Building. There is a per page recordation fee. In the alternative,the applicant may pay this m fee to the City Clerk who will record the resolution. a m mz �r+ m Section 2• m m All material representations and commitments made by the applicant pursuant to the r.m development proposal approvals as herein awarded,whether in public hearing or documentation N°� presented before the Planning and Zoning Commission or City Council, are hereby incorporated ;a �r. N Moore Family PUD Amendment 2 N Planning and Zoning Commission,March 21,2000 o N 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. APPROVED by the Commission at its regular meeting on March 21, 2000. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: l Ci Attorney Robert Blaich, Chair ATTEST: �,kie Lothian, Deputy City Clerk �>v J w} _ �NF HMO >V �a oz F. N Y �H H Boa Ewa W m � B a 40 z m yam � m r+ �mn BNB �m �In N Moore Family PUD Amendment Planning and Zoning Commission,March 21,2000 �.4 p