HomeMy WebLinkAboutResolution No. 05_Series 2022_Stream Margin Review
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RESOLUTION # 05
(SERIES OF 2022)
A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
APPROVING SPECIAL REVIEW FOR AN ALTERNATIVE TOP OF SLOPE
DETERMINATION AND A STREAM MARGIN REVIEW FOR THE PROPERTY
LOCATED AT 108 NEALE AVENUE, ASPEN CO 81611, LEGALLY DESCRIBED AS
SECTION 7, TOWNSHIP 10, RANGE 84, HERRON PARK TRACT OF LAND IN SEC.
7-10-84; COUNTY OF PITKIN, STATE OF COLORADO.
Parcel No. 2737-073-00-860
WHEREAS, the Community Development Department received an application from the
City of Aspen Parks Department, Matt Kuhn, Parks Director, requesting Special Review approval
for an alternative Top-of-Slope Determination and Stream Margin Review, for the property at 108
Neale Avenue, Aspen, CO 81611; 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 and Stream Margin Review; 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
1, 2022; 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 finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare; and,
WHEREAS, the Planning and Zoning Commission approved Resolution #05, Series of
2022, by a X to X (X-X) vote, granting approval of Special Review and Stream Margin Review.
P&Z Resolution #05, Series of 2021
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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, subject to the following conditions:
1. Pursuant to Land Use Code Section 26.445.090, Documents and Deadlines, a plat shall be
submitted to the Community Development Department within one hundred eighty (180)
days following the date of this resolution. The plat shall be subject to review and approval
by City Staff to ensure P&Z intent.
2. The plat shall depict the Top-of-Slope as it extends across the property. The Top-of-Slope
shall follow the 7,892 contour beyond what is depicted in Exhibit A.
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 Stream Margin Review to develop a permanent
restroom facility, subject to the following conditions:
1. A No-Rise Certification shall be obtained prior to building permit.
2. Lighting associated with the facility shall meet the provisions of Title 26 of the land use
code. A lighting plan shall be submitted at the time of building permit.
3. Representations showing the 45-degree height limit is met shall be submitted at the time
of building permit.
Section 3:
A plat documenting this approval must be submitted for review and recordation within 180 days,
pursuant to land use code Section 26.490.
Section 4:
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 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, 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.
P&Z Resolution #05, Series of 2021
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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 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 1, 2022.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
____________________________ ______________________________
Katharine Johnson, Assistant City Attorney Teraissa McGovern, Chair
ATTEST:
____________________________
Cindy Klob, Records Manager
Exhibit A | Approved Alternative Top-of-Slope
P&Z Resolution #05, Series of 2021
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Zone AE
(Floodway)
Zone X
Approved
Top-of Slope