HomeMy WebLinkAboutordinance.council.026-14 RECEPTION#: 614783, 10/23/2014 at
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1 OF 3, R $21.00 Doc Code ORDINANCE
Janice K. 1los Caudill, Pitkin County, CO
ORDINANCE NO. 26
(SERIES OF 2014)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
AMENDMENT TO THE MAROON CREEK CLUB SUBDIVISION AND
PLANNED DEVELOPMENT THAT APPROVES THE EXTINGUISHEMNT OF
TRANSFERABLE DEVELOPMENT RIGHTS ON FORTY THREE LOTS
WITHIN THE SUBDIVISION LEGALLY DESCRIBED AS LOTS 1 -12, 16, and
19-48
Parcel IDs: 273514209001-273514209005, 273511309006-273511309012,
273511309016, 273511309019—273511309040, 273511209041-273511209045,
273511309046 -273511309048
WHEREAS, the Community Development Department received an application
from the Maroon Creek Club Master Association, represented by William Clinton Lukes
Architect requesting approval of Planned Development Amendment to allow
Transferable Development Rights to be landed on 43 lots within the subdivision; and,
WHEREAS, the lots permit the development of a single family residence on each
lot and the lots are located within either the Moderate-Density Residential (R-15A) or
Rural Residential (RR) zone districts; and,
WHEREAS, upon initial review of the application and the applicable code
standards, the Community Development Department recommended approval of the
request; and,
WHEREAS, the City Council 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 on September 8,2014; and,
WHEREAS, the City Council finds that the proposal meets or exceeds all
applicable development standards and that the approval of the application, encourages the
preservation of historic resources; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Pursuant to the procedures and standards set forth in the Aspen Municipal Code, the City
Council hereby approves amendments to the Maroon Creek Club Subdivision and
Planned Development as noted within this ordinance.
Page I of 3
Section 1: General Development Approvals
The Maroon Creek Club Subdivision and Planned Development is amended to allow for
the landing and extinguishment of Transferable Development Rights as noted in Table A,
below.
Table A: Allowances for Transferable Development Rights
Existing Permitted Max. Allowable Total No. of Lots permitted
Allowable Floor number of Floor Area with TDRs to land TDRs
Area for the lot TDRs per lot the landing of
TDRs
10,000 sq. ft. 3 at 250 sq. ft. 10,750 sq. ft. 30 1,3,5,12,16
of Floor Area and 41-45
each or 750 sq.
ft.
6,000 sq. ft. 2 at 250 sq. ft. 6,500 so. ft. 50 2,4,6-11, 19-
of Floor Area 31,40,46-48
each or 500 sq.
ft.
5,500 sq. ft. 2 at 250 sq. ft. 6,000 sq. ft. 16 32-39
of Floor Area
each or 500 sq.
ft.
96
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 ordinance 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 provision and shall not affect the
validity of the remaining portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Page 2 of 3
Section 5:
A public hearing on this ordinance shall be held on the 8th day of September, 2014, at a
meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers,
Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public
notice of the same was published in a newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 11`h day of August, 2014.
1 It
Att /
inda Manning, City Clerk Steve Skadron, tayor
FINALLY, adopted, passed and approved this E) day of SQA 2014.
Y indt:a Manning,City Clerk Steve Skadron, ayor
Approved as to form:
es R. True, City Attorney
Page 3 of 3
Ad Name: 10471186A PUBLIC NOTICE
RE:MAROON CREEK CLUB SUBDIVISION&
Customer: Aspen (LEGALS) City of PLANNED DEVELOPMENT,PLANNED
Your account number: 1013028 DEVELOPMENT AMENDMENT
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday,September 8,2014,at a
meeting to begin at 5:00 p.m.before the Aspen
City Council,in the city council chambers meeting
PROOF OF PUBLICATION
room,City Hall,130 S.Galena Street,Aspen,CO,
to review the proposal submitted by the Maroon
Creek Club Master Association,c/o Joshua and
Co.,300 S.Hunter Street,Aspen CO 81611,for
the properties legally described as Lots 1-12,Lot
16,Lots 19-48, Maroon Creek Club Subdivision
and commoly known as 1162,1200,1201,1205, "
1230,1360,and 1470 Tiehack Rd;190,196,268,
280,285,316,331,340,353,366,386,651,and
691 Pfeister Drive; 100,110,and 120 Pfeifer
Place;61,86,and 120 S.Meadow;15 and 26 S.
Willow Court;31,45,71,75,and 81 N.Willow
STATE OF COLORADO, Court.Applicant seeks to allow the landing of
Transferable Development Rights(TDRs)on 43
COUNTY OF PITKIN lots within the subdivision.The request is to allow
10 lots to land up to 3 TDRS or 750 sq.ft.of Floor
Area and 33 lots to land up tot TDRs or 500 sq.ft.
of Floor Area.Applicant seeks approval from the .
City Council for an Amendment to the site specific
1,Jim Morgan, do solemnly swear that I am General approval to allow the landing of additional Floor Ar-
ea.For further information,contact Jennifer Phelan
Manager of the ASPEN TIMES WEEKLY, that partment the t 130 of S.Galena Sten I,Aspen,ty Development
429.2759,Jennifer.Phelan@cityofaspen.com
the same weekly newspaper printed,in whole or in
S/Steve Skadron.Mayor
part and published in the County of Pitkin, State of Aspen City Council
Colorado,and has aeneral circulation therein; that Published in the Aspen Times Weekly August 21,
g 2014(10471186)
said newspaper has been published continuously and
uninterruptedly in said County of Pitkin for a period
of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or
advertisement.
The Aspen Times is an accepted legal advertising
medium, only for jurisdictions operating under.
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of`every
number of said daily newspaper for the period of 1
consecutive insertions,and that the first publication
of said notice was in the issue of said newspaper
dated 8/21/2014 and that the last publication of
said notice was in the issue of said newspaper dated
8/21/2014.
In witness whereof,I have here unto set my hand
this 08/22/2014.
Jim Morgan,General Manager
Subscribed and sworn to before me,a notary public
in and for the County of Garfield,State of Colorado
this 08/22/2014.
Pamela J.Schultz,Notary Public
Commission expires:November 1,2015
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F. C1
'PAMELA J. '
SCHULTZ
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MY C011llnisslon Expires 111018015