HomeMy WebLinkAboutFile Documents.1419 Crystal Lake Rd.0009.2017 (10).ARBKResolution No. 6, Series 2017
1419 Crystal Lake Road
Stream Margin and Special Review
Page 1 of 3
RESOLUTION NO. 6
(SERIES OF 2017)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING SPECIAL REVIEW FOR AN ALTERNATIVE TOP OF SLOPE
DETERMINATION AND STREAM MARGIN REVIEW FOR PARCEL A: LOT E
CALLAHAN SUBDIVISION, ACCORDING TO THE PLAT RECORDED APRIL 21,
1989 IN PLAT BOOK 22 AT PAGE 38 AS RECEPTION NO. 310795 AND
AMENDMENT TO SUBDIVISION AND PLANNED UNIT DEVELOPMENT
AGREEMENT – CALLAHAN SUBDIVISION, RECORDED NOVEMBER 1, 1996 IN
PLAT BOOK 40 AT PAGE 81 AS RECEPTION NO. 398667, COUNTY OF PITKIN,
STATE OF COLORADO. PARCEL B: EASEMENT INTEREST DESCRIBED BY
GRANT EASEMENT RECORDED DECEMBER 21, 2015 AS RECEPTION NO. 625755,
COUNTY OF PITKIN, STATE OF COLORADO., COMMONLY KNOWN AS
1419 CRYSTAL LAKE ROAD.
Parcel No. 2737-181-32-017
WHEREAS, the Community Development Department received an application from
Haas Land Planning, LLC., on behalf of Big Dog Family LLC, requesting Special Review and
Stream Margin Review approval for an alternative Top of Slope Determination for the property
at 1419 Crystal Lake Road; 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, the applicable Land Use Code standards,
the Community Development Director recommended approval of the Special Review for an
alternative Top of Slope; 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 February 7, 2017; and,
WHEREAS, the City of Aspen Planning and Zoning Commission finds that the
development proposal meet either applicable review criteria and that the approval of the request is
consistent with the goals and objectives of the Land Use Code; and,
WHEREAS, during a duly noticed public hearing on February 7, 2017, the Planning and
Zoning Commission approved Resolution No. 6, Series of 2017, by a seven to zero (7-0) vote,
approving Special Review, Stream Margin with conditions; and,
Received
2/22/17
Resolution No. 6, Series 2017
1419 Crystal Lake Road
Stream Margin and Special Review
Page 2 of 3
WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
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 for City of Aspen review and approval depicting the approved Top of
Slope within 180 days of this approval.
Section 2. Stream Margin Review
A. Engineering Department Conditions of Approval
1. All vegetation below the 15’ top of slope setback must be replaced with native
vegetation.
2. No excavation for construction of rock bed/patio may extend beyond 15’ of the approved
Top of Slope.
3. All excavation in regards to the removal of the putting green and staircase must be
performed by hand since both are located below the 15’ Top of Slope setback.
B. Parks Department Conditions of Approval
1. A tree removal permit will be required and mitigation for these removed trees will require
mitigation, either by fee in lieu or tree planting.
2. All tree removal(s) will be approved by the City Forester.
3. Hand tools are required for all activities within the 15’ Top of Slope setback and below
the Top of Slope. This is inclusive of the removal of the stairs and the putting green.
4. Any proposed landscaping within the 15’ Top of Slope setback and below the Top of
Slope will be revegetated per City of Aspen standards and all landscaping plans will be
subject to Parks approval. Approved seed and planting lists are attached.
5. Landscaping within the ditch easement will be revegetated per City of Aspen standards
and all landscaping plans will be subject to Parks approval.
6. A tree protection plan will be required.
C. Community Development Department Conditions of Approval
1. 1. This approval does not exempt the project from compliance with applicable zoning
regulations of the City of Aspen’s Land Use Code, including, but not limited to Section
26.575.020, Calculations and Measurements.
Section 3:
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.
Received
2/22/17
Resolution No. 6, Series 2017
1419 Crystal Lake Road
Stream Margin and Special Review
Page 3 of 3
Section 4:
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 5:
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 February 7, 2017.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
____________________________ ______________________________
Andrea Bryan, Assistant City Attorney Skippy Mesirow, Chair
ATTEST:
____________________________
Cindy Klob, Records Manager
Attachments:
Exhibit A: Site Improvement Survey/Plat identifying approved Top of Slope
Received
2/22/17