HomeMy WebLinkAboutresolution.apz.040-01 RESOLUTION NO. 40
(SERIES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION DENYING AN AMENDMENT TO THE MAROON CREEK CLUB
PLANNED UNIT DEVELOPMENT TO ALLOW FOR A SECURITY GATE TO BE
CONSTRUCTED AT THE ENTRANCE OF CLUBSIDE DRIVE IN THE MAROON
CREEK CLUB PLANNED UNIT DEVELOPMENT, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, the Community Development Departraent received an application from
the Clubside Drive Homeowner's Association, represented by Maroon Creek Construction
Company, for an amendment to the Maroon Creek Club Planned Unit Development (PUD) to
allow for a security gate to be constructed at the entrance to Clubside Drive in the Maroon
Creek Club Planned Unit Development; and,
WHEREAS, pursuant to Sections 26.445. the Planning and Zoning Commission may
approve an amendment to an approved Planned Unit Developmem, during a duly noticed
public hearing, 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 allow for a security gate to be constructed at
the entrance to Clubside Drive and recommended denial; and,
WHEREAS. the Aspen Planning and Zoning Commission has reviewed and considered
the developmem 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 Planning and Zoning Commission finds that the development
proposal does not meet or exceed all applicable development standards and that an approval of
the development proposal is inconsistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the Aspen Planrdng and Zoning Commission finds that this Resolution
does not further and is not necessary for the promotion of public health, safety, and welfare.
WItEREAS, during a duly noticed public hearing on November 6, 2001, the
Planning and Zoning Commission denied, by a 7 to 0 (7 - 0) vote, an amendment to the
Maroon Creek Club Plarmed Unit Development (PUD) for the purpose of allowing a security
gate to be constructed at the entrance to Clubside Drive in the Maroon Creek Club Planned
Unit Development; and,
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12/10/2001 10:481:1
BILVIA D~VIB PITKIN COUNTY CO R 10.00 D 0.00
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING Ah~
ZONING COMMISSION as follows!
Section 1
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
allowing a security gate to be constructed at the entrance to Clubside Drive within the PUD,
is denied.
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 6, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
-- - - in ygr, Chair
ATTEST:
~//ackie Lothian, Deputy City Clerk
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