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HomeMy WebLinkAboutresolution.apz.034-01 RESOLUTION NO. 34 SERIES OF 2001 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A PLANNED UNIT DEvELoPMENT (PUD) AMENDMENT TO AMEND ARTICLE VII, SECTION VII OF THE MOORE FAMILY PLANNED UNIT DEVELOPMENT GUIDE (PUD GUIDE) TO CHANGE THE HEIGHT LIMITATION ALLOWING A MAXIMUM HEIGHT OF 17 FEET ONLY PERTAINING TO LOT 27E Parcel ID: 2 735-013-02-004 WHEREAS, the Community Development Department received an application from the Applicant, Zoom Flume LLC, represented Davis Horn Inc, requesting a Planned Unit Development (PUD) amendment to amend Article VII, Section VII of the Moore Family Planned Unit Development Guide (PUD Guide) to change the height limitation allowing a maximum height of 17 feet only pertaining to lot 27e; 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 hearing, comments form the general public, a recommendation from the Community Development Staff, and recommendations from relevant referral agencies; WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommends approval for a Planned Unit Development amendment; 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 Director, and has taken and considered public comment at a duly noticed public hearing conducted on July 24, 2001; and WHEREAS, the City of Aspen Planning and Zoning Commission fin. ds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Planning and Zoning Commission approved, by a vote of five to one (5,1) for the Planned Unit Development amendment; 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. Page: 1 of 2 10/31/2001 09:23A $ILVIA DAVIS PITKI~q ¢0UrdT¥ CO R 10.00 D 0.00 NOW, THEREFoRE~ BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE24th DAY OF JULY, 2001, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the amendment to the Moore Family PUD Guide for the purpose of allowing a change in height of Lot 27e, Block A is approved with the following conditions: 1. The amendment to the Moore Family PUD Guide to change the height limitation allowing a maximum height of 17 feet is specifically and only for Lot 27e. 2. That the applicant shall record with the Pitkin County Clerk and Recorder this Resolution and a document approved by the Community Development Department reflecting the special change to the Moore Family PUD Guide. Section 2 All material representations and conunitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zorfing Commission or City Council, are hereby incorporated h~ 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 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, dist'mct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on July 24th~ 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: :z:> /-' ' City Attorney jasmine Tygre, Chair / kD - ATTEST: /(ackie Lothian, Deputy City Clerk Page: 2 of 2