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HomeMy WebLinkAboutresolution.apz.003-03 RESOLUTION NO. 03, SERIES OF 2003 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE A PLANNED UNIT DEVELOPMENT. (PUD) AMENDMENT TO AMEND THE PLATTED DEVELOPMENT ENVELOPES ON LOTS 1 AND 2 OF TIlE MAROON CREEK CLUB SUBDIVISION / PUD, CITY OF ASPEN. Parcel ID: 2735-142-09-002 WHEREAS, the Community Development Department received an application from the Applicant, Jennifer and David Stockman, represented by Kevin Morley of Robert Trown & Associates, Inc., requesting the Planning and Zoning Commission grant a Planned Unit Development (pUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; 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 of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing; and, WHEREAS, the Planning and Zoning Commission recommended to the City Council approval, by a vote of four to two (4 '2 ) for a planned Unit DeVei0pmefit (puD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club; and WHEREAS, the City of Aspen Planning and Zoning Commission 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 of 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 PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 7TH DAY OF JANUARY 2003, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the requests for a Planned Unit Development (PUD) Amendment to amend the platted development envelopes on Lots 1 and 2 of the Maroon Creek Club is recommended for approval with the following conditions stated herein: 1. Prior to recordation of an amended subdivision plat, an access easement shall be granted to the owner of Lot 1 Maroon Creek Club Subdivision across Lot 2 Maroon Creek Club Subdivision. In addftion, a note shall be placed on the plat requiring that the structure bnilt on Lotl be restricted in size to 6,000 square feet per the applicant's offer to reduce its allowable floor area ratio. 2. Prior to final approval of the driveway alignment, a tree permit from the Parks Department will be required. Mitigation for the nine (9) trees te be removed on s/te will be $13,250.88, as identified per the Municipal Code. Mitigation can be on-site with landscaping of the native restoration area. 3. The entire area west of the proposed Y-turn around which currently serves as the driveway, will need to be re-vegetated in native plantings only. The area in front of the house and to the South of the y-turn can be landscaped for screening or per the discretion of the owners of the residence. 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 incoxporated 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 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, p~ase, 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 Commission at its regular meeting on January 7, 2003. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: DaSd H~'~fer, Assistan¥Oity Attorney Jasmine Tygre, Chair ~' (~ ~ 2