The URL can be used to link to this page

Home My WebLink Aboutresolution.apz.005-2023RECEPTION#: 696844, R: $43.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 7, 08/18/2023 at 02:04:64 PM Ingrid K. Grueter, Pitkin County, CO RESOLUTION # 05 (SERIES OF 2023) A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION APPROVING STREAM MARGIN REVIEW AND MEMORIALIZING A DETERMINATION OF HISTORIC PRE -DEVELOPMENT TOPOGRAPHY FOR THE PROPERTY LOCATED AT #TBD CRYSTAL LAKE ROAD, ASPEN, CO 81611 LEGALLY DESCRIBED AS LOT 11, CALLAHAN SUBDIVISION, RECORDED MAY 19, 1976 IN PLAT BOOK 4 AT PAGE 7 AND FIRST AMENDMENT THERETO RECORDED AUGUST 17,1977 IN PLAT BOOK 6 AT PAGE 16 AND SECOND AMENDED PLAT RECORDED OCTOBER 4,1982 IN PLAT BOOK 13 AT PAGE 92. COUNTY OF PITKIN, STATE OF COLORADO. Parcel No. 2737-181-32-011 WHEREAS, the Community Development Department received an application from Callahan Crystal Lake LLC, an Indiana Limited Liability Company, c/o David Eskenazi, Operating Member, 10689 N. Pennsylvania St. #100 Indianapolis, IN 46280 (Applicant), requesting approval for the following land use reviews: ■ Stream Margin Review pursuant to Land Use Code Section 26.435.040 • A determination of Historic Pre -Development Topography pursuant to Land Use Code Section 26.575.020.f.3.b WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, the Engineering, and Parks Departments provided referral comments to the Community Development Department; and, WHEREAS, upon review of the application, the applicable Land Use Code standards, and the alternative top of slope memorialized via P&Z Resolution #08, Series of 2021, the Community Development Director recommended approval of the request for Stream Margin Review and a determination of Historic Pre -Development Topography; 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 June 20, 2023; 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, P&Z Resolution #05, Series of 2023 Page 1 of 7 WHEREAS, the Planning and Zoning Commission approves Resolution #05, Series of 2023, by a seven to zero (7-0) vote, granting approval of Stream Margin Review and a determination of Pre -Development Topography. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Stream M a rp_i n 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: ❖ Parks: • At the time of building permit, a fence compliant with City of Aspen Engineering standards shall be erected along the top of slope setback line to keep all activity out of the area and to maintain the native condition. Any plantings shall be reviewed by the City Forester. • Any walls or excavation required within tree driplines shall require approval from the City Forester and may require air -spading of roots within tree driplines and tree trunk protection measures. • Remove path represented within the top -of -slope setback. No development other than approved native vegetation planting shall take place below the top of slope or within fifteen feet of the top of slope or highwater line, whichever is most restrictive. New plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved per City Code Section 26.435.040 — C.8. • At the time of building permit, a tree removal permit shall be submitted for any trees proposed for removal. ■ Six (6) foot fence protection shall be installed at the driplines of all trees not designated for removal. No storage of material, equipment, nor any development activity shall be permitted within the tree protection fencing. ■ The seed mix and any broadcast of seed in the area between the river and the top of slope setback shall be reviewed by the City Forester. • Multi -stem trees shall not count towards offsetting mitigation. ■ All plantings within tree driplines and within the top of slope offset area shall require City Forester approval. Engineering: ■ The Crystal Lake Overflow Outlet Pipe design shall be completed to the satisfaction of the City of Aspen Engineering Department prior to issuance of a building permit. The construction of the new outlet structure may occur simultaneously with building construction. in The revised location of the pipe may need to be updated on a plat once constructed. ■ All easements should generally be clear of encumbrances (Mature trees, retaining walls, etc.) • Foundation drains shall not drain into stormwater drywells. P&Z Resolution #05, Series of 2023 Page 2 of 7 • No development, including stormwater and drainage infrastructure shall be permitted within the top -of -slope and top -of -slope setback. • At the time of building permit, the Applicant shall follow the requirements of a major development within the Urban Runoff Management Plan. ■ The rain garden appears to come up towards foundation walls. The Applicant shall address concerns on how infiltration/detention will affect the foundation. • Current Engineering Standards and Utility Standards shall apply at the time of building permit. ■ Mature trees shall not be placed over a water service line. Section 2: Determination of Historic Pre -Development Topography Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby memorializes the historic pre -development topography represented in Exhibit A of this resolution. Future amendments to this determination may be reviewed and approved administratively. Section 3: Applicable Provisions 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. Section 4: Material Representations 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 5: Existing Litigation 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 b: Severability 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. P&Z Resolution #05, Series of 2023 Page 3 of 7 APPROVED by the Commission at its meeting on June 20, 2023. APPROVED AS TO FORM: r Katharine Johnso Assistant City Attorney ATTEST: M e Sear, eputy City Clerk PLANNING AND ZONING COMMISSION: eraissa McGovern, Chair P&Z Resolution 405, Series of 2023 Page 4 of 7 Exhibit A I Approved Historic Pre -Development Topography HISTORIC TOPOGRAPHIC MAP LOT 11 - CALLAHAN SUBDIVISION SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE GTH PM COU\`TT OF PITKIN, STATE OF COLORADO w.+wrur s CRI'ST.4L I .:..�" ,r1 L kE ROAD ...w ' 8007 ,.,.•... BOOS 8004 8� 8003 LOT 1 a� ;k ioo ' 8pai .. i i Pr, 1.104s ACRES .' 48,108s SQ.Fr. (cil S Z- til it lll4tlil• �� Z owarR ��ti'�� • -••_:r��yYl,_:�; •• .•r cccxnr.lu�rsHai�•csuc w ~ PREDEVELOPMENT •'� SLOPE LEGEND 0% TO 20% (42.6022: SQ.FT.) (EXCLUDES AREA BELOW HIGH WATER LINE)(3.8082 SQ-FTJ ' °y '••� 20% TO 30% (L530t SQ.FT.) 30% & GREATER (166± SQ.FT) va! L.�w SCALE: I'- 20' P&Z Resolution #05, Series of 2023 Page 5 of 7 Exhibit A I Approved Historic Pre -Development Topography HISTORIC TOPOGRAPHIC MAP LOT 11 - CALLAHAN SUBDIVISION SECTION 18, TOINMT HIP 10 SOUTH, RANGE 8411'EST OF THE GTH PA'I COUNTY OF PITKIN, STATE OF COLORADO Area of Disturbance Development of Crystal Lake ;� •Hx...L Road, pedestrian path, drainage y :� outfall, pioneer driveway, and _0 4--------- westerly neighbor's driveway _ r en.ii l[ +i•��•n.. x.r 5 CRYSTAL l G4k� 8005y i 8004 1 f i ! i r i L"T 1 8004 8003 L �. ! i ' c 00? 8p01 L I eLDI LOT 11 '� R 1 104t ACRES ■ - 48,106t SQ fr. 8000 7999 •_.•� {� 101 a' llwm JaNN EIiRG[SS �i• :.:r..nvw. L i , T 1 .. •�1 • CL CRLSi.II LAkES MOLIA'G$ LLC .,� .rw........ M1. ' . . - -.. SCALE 1" 20' •wer-�.•• �.- • - P&Z Resolution #05, Series of 2023 Page 6 of 7 Exhibit A I Approved Historic Pre -Development Topography HISTORIC TOPOGRAPHIC MAP LOT 11 - CALLAHAN SUBDIVISION SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE GTH PA4 COUNTY OF PITKIN, STATE OF COLORADO q n..,nr,,,.•,I �� $ffF eFNCN MARK u,�i e'o` � _ fQ, CRYSTAL LAkE ROAD 800" a...r.. " 800S 8004 8004 8003 ; L 1 IT i .• tn. n... 8 ' 00? s . . 8p01. 1 4 LOT 11 I.104t ACFES a "+ 'If If 1 I t',1 ! i i' Ou�hSR '+ JOIIh'lURGF:S r • .�'.."ii��• ~4'+.. , . . . .. T c�i_ r� ^• :►. . . . . . . . . . . . . . . . . . . . 0 NVFR �•�, _ ...',�, .�1••••. .�. _ CL CRI:TAL L.II.F$N011h'G$LLC SCALE: 1"• 20' 1........... P&Z Resolution #05, Series of 2023 Page 7 of 7