HomeMy WebLinkAboutresolution.council.023-84 RESOLUTION NO. 23
(Semi. es of[ 1984)
& RESOLUTION ~RANTING CONCEPTUAL I~D/SUBDIVT.c~ION APPROVAL
TO THE TOP OF lqILL, SUI~T PLACE AND 700 SOUTH GALENA
CONDOIqlNXUlq CONPONENTS OF THE A~PEB BOUNTAIN PUD
W~E~E~S, American Century Corporation, Commerce Savings Association,
Alan R. Novak and Robert Callaway (hereinafter referred to as the
"Applicants") have submitted an application for conceptual PUD/sub-
division approval for the Top of Mill, Summit Place and 700 South
Galena condominium components of the Aspen Mountain PUD; and
WHEREAS, the application requests certain additional reviews
and approvals pursuant to the subdivision and zoning regulations
of the Municipal Code including, but not limited to: a) a rezoning
to L-2 for those portions of the Top of Mill site currently zoned
Public and R-15 (PUD)(L); and b) an exemption from the City's growth
management allotment procedures for the reconstruction of forty (40)
existing and previously demolished residential units located on the
Aspen Mountain PUD site; and
WHEREAS, in light of the unfavorable recommendations of the
Planning Office and the Aspen Planning and Zoning Commission, the
Applicants have withdrawn their request for rezoning to L-2 of those
portions of the Top of Mill site currently zoned Public and R-15
(PUD)(L); and
WHE~E~S, the Planning Office and Building Department have verified,
pursuant to Section 24-11.2(a) of the Municipal Code, forty (40)
existing and previously demolished residential units on the Aspen
Mountain PUD site which may be reconstructed exempt from the City's
growth management allotment procedures; and
WHEREAS, the Aspen City Council did allocate, pursuant to Section
24-11.4(g) of the Municipal Code, a development allotment of twelve
(12) residential units to the 700 South Galena condominium component
of the Aspen Mountain PUD, as set forth in Resolution No. 7 (Series
of 1984); and
WHHRHAS, the City Council did consider the Planning and Zoning
Commission's recommendations with respect to the Applicants' request
for conceptual PUD/subdivision approval for the Top of Mill, Summit
Resolution No. 84-~~
Page 2
Place and 700 South Galena condominium components of the Aspen Mountain
PUD at regular meetings held on May 14th, May 29th, June llth, June
25th, July 9th, and July 23, 1984; and
WHEREAS, the Applicants have revised the Top of Mill and 700
South Galena condominium components of the Aspen Mountain PUD in
response to various concerns identified by the Planning Office, the
Planning and Zoning Commission and City Council, including a significant
reduction in the overall height of both projects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Aspen, Colorado, that it does hereby grant conceptual PUD/subdivi-
sion approval, pursuant to Sections 20-10 and 24-8.7 of the Municipal
Code, to the Top of Mill, Summit Place and 700 South Galena condominium
components of the Aspen Mountain PUD, as revised, subject to the
following
1.
conditions:
In accordance with the Applicants' proposal, their consummation
of an agreement for the acquisition from the City of Lots
7, 8, 9, 10, 11, 12, 14 and 15, Capitol Hill Addition,
containing approximately 20,860 square feet of land, in
exchange for: (a) approximately 21,084 square feet of the
"Koch Lumber" property comprised of the entire Colorado
Midland Railroad Right-of-Way located thereon and part of
Lots 13 through 16 of the Eames Addition Block 1, and (b)
the dismissal with prejudice by the Applicants of Civil
Action No. 82CV44 and all claims and allegations set forth
therein. Such acquisition shall be completed prior to, or
concurrent with, final PUD/subdivision approval, and shall
be contingent upon approval by the City Council, in its sole
discretion, of an application to subdivide the "Koch Lumber"
property so that the exchange can be completed.
The negotiation of a mutually satisfactory agreement between
the Applicants and the Aspen Ski Club whereby the Applicants
agree to construct, at their sole expense on any site selected
and obtained by the Ski Club, a new building of at least
equal size and of better quality and functionality than
the building which the Club currently occupies. In exchange,
the Ski Club will terminate its existing leasehold agreement
with the City with respect to Lots 14 and 15 of the Capitol
Hill Addition.
e
The Applicants' mitigation, to the extent appropriate,
of any geological problems associated with the development
of the Top of Mill site which are identified as a result
of any evaluation of geological hazards in the immediate
site area, the details of said mitigation to be included in
the Applicants' preliminary PUD/subdivision submission. The
City Council expressly reserves the right to make such
disclosures with respect to geological hazards as it deems
to be in the public interest.
The Applican_s' resolution of the Engineering Department's
concerns with respect to the accessibility of certain internal
areas of the Top of Mill site for fire protection purposes.
5. The vacation of Mill Street being conditioned upon the
Resolution
Page 3
retention of all circulation and utility rights, the provision
of appropriate utility easements, and each utility franchised
in the City signing off on the proposed vacation so as
to insure that the loss of the right-of-way will not interfere
with each utility's current or future needs.
The Applicants' submission of an acceptable detailed storm
drainage plan for the Top of Mill site, including information
with respect to the extent and nature of the grading required
to construct the proposed retention ponds.
The height of the Top of Mill condominium units not exceeding
thirty-three (33) feet as measured from the lowest floor
elevation to the midpoint of the roof.
The retention, to the maximum extent feasible, of existing
mature vegetation on the Top of Mill site and the installation
of adequate landscaping so as to minimize the visual impact
of the project as viewed from Mill Street, Lift 1-A and
the adjacent ski terrain.
The Applicants' granting of an adequate easement, acceptable
to the EngineeringDepartment, so as to the allow the extension
of Summit Street in the event the extension is deemed appro-
priate by the City, said easement to be depicted in the
Applicants' preliminary PUD/subdivision submission and
dedicated concurrent with final PUD/subdivision approval.
10.
The Applicants' provision of a landscaped sidewalk across
the Top of Mill site and within the Summit Street easement
so as to facilitate pedestrian and emergency vehicle access
between Monarch and Mill Streets.
11.
The Applicants' granting of an acceptable trail easement
across the Top of Mill site and the construction of an
eight (8) foot trail at such time as the City provides
appropriate connections to the overall trail system, said
easement to be depicted in the Applicants' preliminary
PUD/subdivision submission and dedicated concurrent with
final PUD/subdivision approval.
12.
The Applicants' provision of ninety (90) on-site parking
spaces for the residents of the Top of Mill project, as
opposed to the eighty (80) spaces proposed in the original
application.
13.
The Applicants' submission of a preliminary soils and water
table investigation of the 700 South Galena site to include
an evaluation of slope stability both during and following
construction. Conceptual PUD/subdivision approval of the
700 South Galena project is expressly conditioned upon
the Applicants' mitigation of any soils, slope stability
or drainage problems identified, the detailsof said mitigation
to be included in the Applicants' preliminary PUD/subdivision
submission.
14.
The Applicants' identification of all easements required
in conjunction with the construction of the 700 South Galena
project and the acquisition of said easements, to the extent
required, prior to the issuance of an excavation permit.
15.
The Applicants' agreement to a completion schedule for
the construction of the 700 South Galena project and the
provision of an appropriate performance bond prior to final
PUD/subdivision approval so as to prevent and minimize
damage to the surrounding landowners in the form of an
unsightly and/or unsafe construction area for a longer
period of time than is reasonably necessary.
Resolution Ilo. 84- ~
Page 4
16. The height of the 700 South Galena condominium units
reduced so as to comply with the twenty-eight (28)
height limitation of the underlying zone district.
being
foot
17.
The Applicants' realigning Galena Street in the vicinity
of the 700 South Galena project, to the extent feasible,
so as to improve traffic circulation and safety in the
immediate site area, said realignment to be depicted in the
Applicants' preliminary PUD/subdivision submission.
18. To the extent applicable, the above conditions being met
prior to preliminary PUD/subdivision approval.
19.
The reconstruction of existing residential units being limited
to the forty (40) units verified pursuant to Section 24-
ll.2(a) of the Municipal Code, being accomplished within
five (5) years of the date of demolition, and being restricted
to the Aspen Mountain PUD site.
20.
Ail material representations of the Applicants' conceptual
PUD/subdivision and residential GMP applications, as revised,
not specifically amended or referred to above being made
a condition of this approval.
21.
The expiration of Council's conceptual PUD/subdivision
approval, pursuant to Section 24-8.8 of the Municipal Code,
in the event a preliminary PUD/subdivision application
is not submitted pursuant to the provisions of Section
24-8.11 within six (6) months of the date of this Resolution.
DATED: September 5, 1984
I, Kathryn Koch, duly appointed and acting City Clerk do certify
that the foregoing is a true and accurate copy of that resolution
adopted by the City Council of the City of Aspen, Colorado, at a
meeting held July 23, 1984.
Kathryn S./Koch, City Clerk