HomeMy WebLinkAboutResolution No. X Series 2021_TBD Crystal Lake Road_Stream Margin Review
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RESOLUTION # XX
(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
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
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 at #TBD Crystal Lake Road, 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 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,
P&Z Resolution #XX, Series of 2021
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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 X, Series of
2021, by a X to X (X-X) 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-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
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:
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:
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:
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 6:
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
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separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
APPROVED by the Commission at its meeting on June 15, 2021.
APPROVED AS TO FORM: PLANNING AND ZONING
COMMISSION:
____________________________ ______________________________
Katharine Johnson, Assistant City Attorney Spencer McKnight, Chair
ATTEST:
____________________________
Cindy Klob, Records Manager
Attachments:
Exhibit A: Approved site plan identifying Alternative Top-of-Slope
P&Z Resolution #XX, Series of 2021
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Exhibit A: Approved Alternative Top-of-Slope
Special Flood
Zone X
Flood Zone AE
Approved Top-of-
Slope