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HomeMy WebLinkAboutresolution.apz.031-02 RESOLUTION NO. 31 (SERI~S OF 2002) A RESOLUTION OF THE CItY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING AN AMENDMENT TO THE MAROON CREEK CLUB PLANNED UNIT DEVELOPMENT TO ~ND PLAT NOTE 5 OF THE MARooN CREEK CLUB PLANNED UNIT DEVELOPMENT, CITY Ot~ ASPEN, PITKIN COUNTY, COLORADO. 2735-113-09009 WHEREAS, the Community Development Department received an application from the pearce Equities Group II LLC, represented by Design Workshop,, to adjust the building envelope for Lot 9, Maroon Creek Club PUD and to amend Plat Note 5 of the Maroon Creek Club planned Unit Development (PUD) plat; and, WHEREAS, pursuant to Sections 26.445, the Planning and Zoning Commission may approve an amendment to an approved Planned Unit Development, during a duly noticed public heating, comments from the general public, a recommendation: from the Community Development Staff, and recommendations from relevant referral agencies; WHEREAS, the Community Development Department reviewed the request for an amendment to the Maroon Creek Club PUD to adjust the building envelope for Lot 9, Maroon Creek Club PUD and to amend Plat Note 5 of the Maroon Creek Club Planned Unit Development (PUD) plat and recommended denial; and, WHE~AS, the applicant has requested the plat note be amended to read as follows: 5. With respect to single-family and townhome lots shown on this Plat, no development will be allowed within approved building envelopes on slopes exceeding 30% with the exception of Lots 9, 12 and ! 7 through 40 where any slopes exceeding 30%o shall be graded pursuant to the grading shown on sheets 15 and 16 of the PUD plan; 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 of the Community Development Department, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Plann/ng 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 Aspen Planning and Zoning Connnission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare; and, WHEREAS, the Aspen Planning and Zoning Commission eliminated the request to amend the building envelope for Lot 9, Maroon Creek Club PUD :from the motion to approve; and WHEREAS, during a duly no~iced public hearing on November 19, 2002, the Planning and Zoning Commission apprOved, by a six to one (6 - 1) vote, an amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of amending Plat Note 5 of the Maroon Creek Club Planned Unit Development (PUD) plat; and, ~; NOW, TItEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ~1~ ~- N ,~ZONING COMMISSION as follows: ~[~ --04 · ~ Section 1 ~1- ~ N Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the · amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of ~-~ amending Plat Note 5 of the Maroon Creek Club Planned Unit Development (PUD) plat is ~ approved with the following condition: ~ 1. That a soil erosion control plan be submitted at the time of building permit ~ o© application that meets with the approval of the Community Development Engineer. Section 2: ~ 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 3: 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 Commission at its regular meeting on November 19, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Ci to - Jasmine Tygre, Chair ATTEST: ~ ~/Jackie Lothian, Deputy City Clerk 2