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Home My WebLink AboutP&Z Resolution No. 8, Series 2021_Stream Margin Review_TBD Crystal Lake RoadRECEPTION#: 678762, R: $28.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 4, 07/23/2021 at 10:41:11 AM Janice K. Vos Caudill, Pitkin County, CO RESOLUTION # 08 (SERIES OF 2021) 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 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 North Clove, N.V., a Curacao Corporation as successor to North Clove N.V., a Netherlands Antilles Corporation, requesting Special Review approval for an alternative Top -of -Slope Determination, and Stream Margin Review, for the property legally described as Lot 11, Callahan Subdivision, recorded May 19, 1976 in Plat Book 4 at page 7 and the First Amendment thereto recorded August 17, 1977 in Plat Book 6 at page 16 and the Second Amended Plat recorded October 4, 1982 in Plat Book 13 at page 93, County of Pitkin, State of Colorado; 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 June 15, 2021; 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, Page 1 of 4 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 #08, Series of 2021, by a six to zero (6-0) vote, granting approval of Special Review and Stream Margin Review. NOW, THEREFORE BE IT RESOLVED by the Aspen Planning and Zoning Commission: Section 1: Special Review for Top -of -Slone 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 MarEin 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 condition of approval: 1. A subsequent land use application for Stream Margin Review shall be required for any development proposed within the Stream Margin Review area on this property. As part of the application, a professional wetland delineation must be performed to confirm the location of all flood zones on the property. Any findings that were not clear as part of this review may require a subsequent alternative Top -of -Slope to be established. Section 3: 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 4: Existing Litip-ation 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: 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 #08, Series of 2021 Page 2 of 4 APPROVED by the Commission at its meeting on June 15, 2021. APPROVED AS TO FORM: Katharine Johnso , ssistant City Attorney ATTEST: Cindy 16ob, Records Manager PLANNING AND ZONING COMMISSION: Attachments: Exhibit A: Approved site plan identifying Alternative Top -of -Slope P&Z Resolution #08, Series of 2021 Page 3 of 4 Exhibit A: Approved Alternative Top -of -Slope STREAM MARGIN MAP LOT 11 - CALLAHAN SUBDIVISION SECTION 18, TO11NiSHIP 10 SOUTH, RANGE 84 WEST OF THE bTH PM COUNTY OF PITKIN, STATE OF COLORADO �•R�ti — COT 11 i '1 '; 1.1041 ACRE$ - 100' High Water Approved Line Setback Top -of -Slope 1_ Special Flood Zone X Flood Zone AE .. s`� P P&Z Resolution #08, Series of 2021 Page 4 of 4