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Home My WebLink Aboutresolution.apz.06-2018 RECEPTION#: 652584, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 12/12/2018 at 03:24:09 PM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 6 (SERIES OF 2018) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING SPECIAL REVIEW FOR AN ALTERNATIVE TOP OF SLOPE DETERMINATION,A STREAM MARGIN REVIEW,AN INSUBSTANTIAL AMENDMENT TO A PLANNED DEVELOPMENT AND A VARIANCE FOR A PROPERTY LEGALLY DESCRIBED AS RIVER PARK IN ASPEN CONDOMINIUMS COMMONLY KNOWN AS 100-154 NORTH SPRING STREET. Parcel No. 2737-073-26-013 WHEREAS, the Community Development Department received an application from the River Park Condominium Homeowner Association c/o Romero Group, PO Box 4100, Basalt, CO 81612,requesting Special Review approval for an alternative Top of Slope Determination, Stream Margin Review, an Insubstantial Amendment to a Planned Development and a variance for the property at 100-154 North Spring Street; and, WHEREAS,the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, the City of Aspen Engineering Department provided consultation to the applicant and approved the proposed alternative Top of Slope; and, WHEREAS,upon review of the application and the applicable Land Use Code standards, the Community Development Director recommended approval of the Special Review for an alternative Top of Slope, Stream Margin Review, the Insubstantial Planned Development Amendment and the Variance; and, WHEREAS, the City of 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 on November 13,2018; and, WHEREAS,the City of Aspen Planning and Zoning Commission finds that the development proposal meets the applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS,the City of Aspen Planning and Zoning Commission fmds that this Resolution furthers and is necessary for the promotion of public health, safety,and welfare; and, Page 1 of 4 WHEREAS,the Planning and Zoning Commission approved Resolution 6,Series of 2018, by a 3 to 1 (3-1) vote, granting approval of Special Review, Stream Margin, Insubstantial Amendment to a Planned Development and the Variance as identified herein. NOW,THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Special Review for Top of Slope Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves an alternative top of slope determination via Special Review as identified in the attached Exhibit A. The applicant shall submit a Site Improvement Survey/Plat depicting the approved Top of Slope to the City for recordation purposes within 180 days of this approval. Section 2: Stream Margin Review Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves a Stream Margin Review with the following conditions of approval: A. Engineering Conditions of Approval 1. All vegetation below the 15' top of slope setback must be replaced with native vegetation. 2. Any excavation below the 15' top of slope setback must be performed by hand. 3. All stormwater runoff must be captured and treated outside of the 15' Top of Slope setback. 4. Additional,specialized construction techniques may be required within the vicinity of the Top of Slope and 15' setback during building permit review. B. Parks Conditions of Approval 1. No machinery, storage of material, foot or vehicle traffic allowed below 15' top of slope setback. Section 3: Insubstantial Amendment to a Planned Development Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby approves the request for an Insubstantial Amendment to a Planned Development(Chapter 26.445)to allow for the proposed scope of work to take place on site inclusive of repair of the parking garage's roof,hardscape and land scape changes. Section 4: Variance Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby grants the request for a variance permitting the installation of a hot tub between the lot line adjacent to Main Street and the multi-family dwellings on the southeast side of the property(Chapter 26.314). Section 5• This approval does not exempt the project from compliance with applicable zoning, building, or any other applicable code regulations within the City of Aspen's Municipal Code. The applicant must submit a building permit application demonstrating compliance with all applicable codes prior to any development on site. Page 2 of 4 Section 6• 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, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7• 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 8• 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 separate,distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED by the Commission at its meeting on November 13, 2018. APPROVED S TO FORM: PLANNING G COMMIS N: Andrea Bryan,Assistant City Attorney e r Night,Vic Chair ATTEST: tla Stickle, Records Manager Attachments: Exhibit A: Approved site plan identifying Alternative Top of Slope Page 3 of 4 Exhibit A: Approved site plan identifying Alternative Top of Slope New Top of slope Ilkli \ .ew..oa..a. •n,w c.n}r••nw rwmwn.-.• .aasn�u.•wi .�o a.ora..m �r,� MRVIN Dol1M. , ' .wOp>p i0•MuIF t. � - - •>�C TO.1.40 rroao•r.•u*.+Niq>.nco I � I jJ `�� / 8 r a mr>•rw•owc••�oawa� -- TM q iI ~wo.wQ+m rvamrv�i u b i \ .. I! ; I I ' .wra.ca o,n � �� •.Juoa wn roaJuw rwc+ee� >•, \ •Ko�wno.cu.rn `I q�otnrt•oN rm> onn.> I 1 1 t i o0 100-year flood plane 15' setback ': Page 4 of 4