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HomeMy WebLinkAboutresolution.apz.004-04RESOLUTION NO. 4 (SERIES OF 2004) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING THAT CITY COUNCIL DENY AN AMENDMENT TO THE MAROON CREEK CLUB SPECIALLY PLANNED AREA/PUD TO ALLOW FOR THE LODGE ROOMS WITHIN THE MAROON CREEK CLUBTO CONTAIN KITCHENS, THERBY BECOMING FOUR (4) RESIDENTIAL DWELLING UNITS, LOT 51, MAROON CREEK CLUB SUBDIVISION/SPA/PUD, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2735-023-09-051 WHEREAS, the Community Development Department received an application from the Maroon Creek Millennium Members, represented by Blue Green, LLC, requesting approval of a PUD amendment and an SPA amendment to the Maroon Creek Club PUD to allow for kitchens, to be installed in the lodge units located within the Maroon Creek Club, thereby converting them to residential units; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of the proposed PUD and SPA amendments; and, WHEREAS, during a duly noticed public hearing on February-17, 2004, the Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code and a'motion to approve failed by a three to three (3-3) vote; thereby denying the proposed requests; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION AS' FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in City of Aspen Land Use Code Section 26.445, Planned Unit Development, and Section 26.440, Specially Planned Area, the Planning and Zoning Commission hereby denies the PUD and SPA amendment requests to add kitchens to the lodge units in the Maroon Creek Club. 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 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 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and shall not operate as an abatement of any action or proceeding now pending under or bY virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and.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, 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 s'eparate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. DENIED BY the Planning and Zoning Commission of the City of Aspen on this 17th day of February, 2004. APPROVED AS TO FORM: COMMISSION: PLANNING AND ZONING C{ty Attorney Jasmine Tygre, Chair ATTEST: /~Ifickie Lothian, Deputy City Clerk