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ORDINANCE NO. 6
SERIES OF 2003
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
PLANNED UNIT DEVELOPMENT ~PUD) AMENDMENT TO AMEND THE
PLATTED DEVELOPMENT ENVELOPES ON LOTS 1 AND 2 OF THE
MAROON CREEK CLUB SUBDIVISION / PUD, CITY OF ASPEN.
Parcel lD: 273~-142-09-002
2735-142-09-001
WHEREAS, the Community Development Departmem received an application
from the Applicant, Jennifer and David Stockman, represented by Kevin Morley of
Robert Trown & Associates, Inc., requesting the Planning and Zoning Commission and
City Council grant a Planned Unit Development (PUD) Amendment to amend the platted
development envelopes on Lots I and 2 of the Maroon Creek Club; 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; and
WHEREAS, the Planning and Zoning Commission recommended to the City
Council approval, by a vote of four to two (4-2) for a Planned Unit Development (PUD)
Amendment to amend the platted development envelopes on Lots 1 and 2 of'the Maroon
Creek Club; and
WHEREAS. the City of Aspen City Council finds that the development proposal
meets or exceeds all applicable development standards and that the approval of the
development proposal, w/th conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; and
WHEREAS, the City of Aspen City Council reviewed and considered the
development proposal at a regular City Council meeting on February 24, 2003 and, by a
vote of three to t~vo (3 - 2), approved this Ordinance (on Second Reading) for a Planned
Unit Development (PUD) Amendment to amend the platted development envelopes on
Lots I and 2 o£the Maroon Creek Club; and
WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO ON THE 24T~ DAY OF FEBRUARY 2003, THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the requests for a Planned Unit Development (PUD) Amendment to amend the
platted development envelopes on Lots 1 and 2 of the Maroon Creek Club is approved
with the following conditions stated herein:
1. Prior to recordation of an amended subdivision plat, an access easement shall be
granted to the owner of Lot 1 Maroon Creek Club Subdivision across Lot 2 Maroon
Creek Club Subdivision. In addition, a note shall be placed on the plat requiring that
the structure built on Lot 2 be restricted in size to 6,000 square feet per the applicant's
offer to reduce its allowable floor area ratio.
2. Prior to final approval of the driveway alignment, a tree permit from the Parks
Department will be required. Mitigation for the nine (9) trees to be removed on site
will be at the rate in effect at the time of building permit, as identified per the
Municipal Code. Mitigation can be on-site with landscaping of the native restoration
area.
3. The entire area west of the proposed Y-turn around which currently serves as the
driveway, will need to be re-vegetated in native plantings only. The area in front of
the house and to the South of the y-rum can be landscaped for screening or per the
discretion of the owners of the residence.
4. The common driveway servicing Lots 1 and 2 shall be kept free and clear of snow
and vehicles at all times of the year per the requirements of the Fire Department.
Section 2:
All material representations and commitments made by the applicant pursuant m the
development proposal approvals as herein awarded, whether in public heating 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 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 port/on 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.
Section 5:
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05/14/2003 1!:40R
SIL.VIA DA~/)$ PITKIN COUNTY CO R ~0.00 D 0,00
A public hearing Will be held the 24!h day of February 2003 at 5:00 p.m. in the CitY Council
Chambers, 130 South Galena.
INTRODUCED, READ AND ORDE~D pUBLiSED as ~r0v~d~d by law, by the city
Cmmcil of the City of Aspen on this 27th day of,lanuary, 2003.
FINALLY, adopted, passed, and apProved this 24~' day of February,2003.
Helen Kalin K~an~6r-- ~'
TO FORM:
~'o~-~orc~t'or, City Attorney