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Home My WebLink Aboutresolution.apz.013-10RECEPTION#: 572119, 07122!2010 at 10:15:22 AM, 1 of 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION N0. 13 (SERIES OF 2010) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW STREAM MARGIN REVIEW FOR 69 SHADY LANE, CITY OF ASPEN, COLORADO. PARCEL ID: 2735-073-00-012 WHEREAS, the Community Development Department received an application from the owners of 69 Shady Lane -Jack Rowland, Fleeta Baldwin, Jill Boyd, and Roine St. Andre, owners as tenants in common. The application has been authorized for submission by Jack Rowland, Fleeta Baldwin, and Jill Boyd, representing a majority of the property ownership; and, WHEREAS, the property is located at the confluence of the Roaring Fork River and Hunter Creek and is subject to the City's regulations on stream margin development; and, WHEREAS, the City's mapping for top-of--slope excludes this property entirely from that area where development can occur and the applicant has submitted an appeal of the determination as permitted in Section 26.435.040 of the City of Aspen Land Use Code; and, WHEREAS, the property is also affected by the floodplain and the floodway designation as depicted on the Flood Insurance Rate Map and interpreted and enforced by the City Engineer in her official capacity as the City's Floodplain Administrator; and, WHEREAS, during a duly noticed public hearing continued from May 18, 2010 to and held on June 15, 2010, upon review and consideration of the recommendation of the Community Development Department, presentation from the applicant, public testimony, and discussion and consideration of the proposal, the Planning and Zoning Commission approved the Stream Mazgin Special Review, by a six to zero (6-0) vote, with the allowances and limitations as outlined in this resolution. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Apuroval of Stream Mar¢in Review The Planning and Zoning Commission hereby approves the Stream Margin Special Review with the following conditions: 1. A Stream Mazgin map for this property shall be prepazed by the applicant for approval by the City Engineer and the Community Development Director. The map shall describe and depict a development boundary based on the more restrictive of the Floodway and the top-of-slope. The map shall also indicate and tabulate all areas of the property above and below the high water line, those azeas affected by steep slopes, and those azeas affected P&Z Reso No. 13, Series of 2010 Page 1 by right-of--way or access easements, including potential proscriptive easements. This map shall be attached to and recorded along with this Resolution. A 24" x 36" copy of the map shall also be retained in the planning file and the building address file. 2. All development within the development boundary shall be setback at least fifteen (15) feet from the top-of-slope. In addition, any development within the development boundary and within thirty (30) feet of the top-of--slope shall be subject to both aforty- five degree (45°) progressive height limit from the top-of--slope and the height limitations of the zone district. 3. Development between the development boundary and the top-of--slope shall be limited to those types of development allowed within property setbacks as defined in the Land Use Code and the height limitations described above, provided such development is also consistent with floodplain and floodway restrictions. 4. Development on the river-side of this development boundary shall be limited to at-grade type work which will not raise the base flood elevation and which is secured to the ground and cannot enter a flood event. Any development activity including landscaping shall be subject to approval by the Community Development Director and the City Engineer. 5. A riparian restoration plan approved by the City of Aspen Pazks Department shall be required prior to acceptance of a building permit application for this property. The restoration plan shall require implementation of the restoration prior to issuance of a Certificate of Occupancy. Remodeling or other similazly limited development activity, as determined by the Community Development Director, shall not trigger this restoration requirement. 6. Prior to issuance of a building permit for redevelopment of this property, the well and irrigation pump shall be vacated and all water rights shall be assigned to the City of Aspen. The property shall be connected to the City of Aspen water system. Remodeling or other similarly limited development activity, as determined by the Community Development Director, shall not trigger this well abandonment requirement. Section 2: Lot Area The effective Lot Area of the subject property for purposes of calculating allowable Floor Area (FAR) is as follows: Lot Size: 120,007.8 sf Area below High Water Line (HWL): - 18,751.0 sf Sub-total 101,256.8 sf Shady Lane prescriptive easement: - 288.0 sf Sub-total 100,968.8 sf %2 Area above HWL and with 20-30% slope: - 1,247.5 sf Sub-total 99,721.3 sf P&Z Reso No. 13, Series of 2010 Page 2 Area above HWL and with > 30% slope: - 2.035.0 sf TOTAL LOT AREA for calculating FAR: 97,686.3 sf The Lot Area for purposes of determining allowable density (no slope area reductions) is 100,968.8 s.f. The Floor Area for the pazcel shall be according to the zoning for the parcel and the Land Use Code in effect at the time of building permit submission. Section 3: Fishine Easement The Planning and Zoning Commission encourages the applicant to provide a Fisherman's Easement along the watercourses within this property. The applicant is encouraged to discuss with the City of Aspen Pazks Department ideas that may facilitate such a grant of easement such as labor or design assistance with the riparian restoration plan. Section 4: Vested ltiehts This approval shall be valid for the greater of the three-yeaz period of statutory vested rights, as more precisely defined in the Development Order issued by the Community Development Department, or until the City's Stream Margin regulations aze amended. The period of statutory vested rights may be extended pursuant to Chapter 26.308 of the Land Use Code. Until said time, development on this property in compliance with this resolution may proceed to building permit as allowed herein. After said timeframe, this approval shall be subject to any revised provisions of the Land Use Code and may, based on a determination by the Community Development Director, be subject to review by the Planning and Zoning Commission. Section 5: 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, aze 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 6• 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 7• 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 P&Z Reso No. 13, Series of 2010 Page 3 a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 15w day of June, 2010. APPROVED AS TO FORM: ~_ Jim True, Special Counsel ATTEST: O clde Lothian, Deputy City PLANNING AND ZONING COMMISSION: Stan Gibbs, Chairman P&Z Reso No. 13, Series of 2010 Page 4