HomeMy WebLinkAboutresolution.apz.018-03 RESOLUTION NO. 18
(SERIES OF 2003)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING THAT CITY COUNCIL APPROVE AN
AMENDMENT TO THE MAROON CREEK CLUB SPECIALLY PLANNED
AREA/PUD AND A GMQS EXEMPTION FOR A CHANGE IN USE TO ALLOW
FOR THE COMBINED LODGE UNIT IN THE MAROON CREEK CLUB TO BE
CONVERTED TO A MULTI-FAMILY RESIDENTIAL DWELLING UNIT, LOT
51, MAROON CREEK CLUB SUBDMSION/SPA/PUD, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel No. 2735-023-09-051
WHEREAS, the Community Development Department received an application
from Jim Williams ("Applicant") requesting an amendment to the Maroon Creek Club
Specially Planned Area/PUD and a GMQS exemption for a change in use to allow for the
combined lodge unit (consisting of lodge units 1, 2, and 3 that were originally
constructed) in the Maroon Creek Club to contain a kitchen and thereby become a multi-
family dwelling unit on Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and,
WHEREAS, Maroon Creek LLC and the AEP Family LLLP are the owners of
Lot 51. of the Maroon Creek Club Subdivision/SPA/PUD; and,
WHEREAS, Maroon Creek LLC and the AEP Family LLLP have provided
written consent for the Applicant to apply for a PUD and SPA Amendment, and a change
in use on Lot 51, of the Maroon Creek Club Subdivision/SPA/PUD; and,
WHEREAS, City Council Ordinance No. 40, Series of 1996 zoned the subject
property to Park with an SPA and PUD Overlay upon annexation into the City of Aspen:
and,
WHEREAS, pursuant to the applicable provisions of the Municipal Code, the
site-specific development plan that was approved by Pitkin County pursuant to BOCC
Resolution No. 104, Ser/es of 1993 and subsequently annexed into the City of Aspen
shall be considered the final SPA development plan for purposes of amendment; and,
WHEREAS, pursuant to Land Use Code Section 26.304.060(B), Combined
Reviews, the Community Development Director in consultation with the applicant has
concluded that a combined review of the land use requests associated with this
application would reduce duplication and ensure economy of time. expense, and clarity;
and,
WHEREAS, pursuant ro Land Use Code Section 26.445. Planned Unit
Development; Section 26.470, Growth Management Quota System: Section 26.440,
Specially Planned Area, the City Council may approve, approve with conditions, or deny
the land use requests made by the applicant during a duly noticed public hearing after
taking and considering comments from the general public, and recommendations from
the Planning and Zoning Commission, Community Development Director, and relevant
referral agencies; and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Streets Department, and' the Community
Development Department reviewed the proposal; and,
WHEREAS, the Community Development Director recommended that the
Planning and Zoning Commission deny the proposed application; and,
WHEREAS, during a duly noticed public hearing on August 5, 2003, the
Plam~ing and Zoning Commission recommended, by a four to three (4-3) vote, that City
Council approve an SPA and PUD amendment and a GMQS exemption for a change in
use to the Maroon Creek Club SPAJPUD to allow for the combined lodge room
(consisting of lodge units 1, 2, and 3 that were originally constructed) within the Maroon
Creek Club to contain a kitchen and thereby become a multi-fanfity residential dwelling
unit, with the conditions contained herein; and,
WIIEREAS, the 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 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 TIlE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
That the Planning and Zoning Commission hereby recommends that City Council
approve a PUD and SPA amendment and a GMQS exemption for a change in use to
alloTM for the combined lodge unit (consisting of lodge units 1, 2, and 3) in the Maroon
Creek Club to add a kitchen and thereby become a multi-family residential dwelling unit,
with the following conditions:
1. The lodge unit to be converted to a residential dwelling unit shall be
upgraded to meet the 1998 ANSI Type B adaptable Clearance requirements
relating to the handicap accessibility of the bathroom.
.Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public heating or
documentation presented before the Planning and Zoning Conmfission or City Council, are
hereby incorporated 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 affect 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 provismn and shall not affect the
validity of the remaining portions thereof
APPROVED BY the Planning and Zoning Commission of the City of Aspen on the 5th day
of August. 2003.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney Jasmine Tygre. Chai,~ L) '~
ATTEST:
~an, Deputy City Clerk