HomeMy WebLinkAboutresolution.apz.028-97RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A STREAM MARGIN REVIEW AND SPECIAL
REVIEW FOR A "DROP STRUCTURE" TO BE CONSTRUCTED BY THE
ASPEN CONSOLIDATED SANITATION DISTRICT IN THE ROARING FORK
RIVER ADJACENT TO HERRON PARK UPSTREAM OF THE PEDESTRIAN
BRIDGE, CITY OF ASPEN
Resolution #97 - ~
WHEREAS, the Community Development Department received an application
from the Aspen Consolidated Sanitation District, applicant, for a Stream Margin Review
and Special Review for a "drop structure" to be constructed in the Roaring Fork River
adjacent to Herron Park up-stream of the pedestrian bridge; and,
WHEREAS, a "drop structure" is a series of large boulders imbedded in the river
to slow the river's flow and prevent further scouring of the river bed which may
eventually damage infrastructure; and,
WHEREAS, the subject development is proposed within the river and subject to
Stream Margin Review pursuant to Section 26.68.040 of the Municipal Code. The
subject development is essential and proposed below the top-of-slope, therefore, subject
to Special Review pursuant to Section 26.64 of the Municipal Code. Development in
conformance with the review criteria of said Sections, may be approved by the Planning
and Zoning Commission; and,
WHEREAS, the City Engineering Department, Parks Department and
Community Development Department reviewed the proposal and recommended approval
with cOnditions; and,
WHEREAS, during a hearing at a regular meeting on October 7, 1997, the
Planning and Zoning Commission approved by a 7-0 vote the Stream Margin Review and
Special Review for the proposed "drop structure" With the conditions recommended by
the Community Development Department, as amended by the Commission during the
hearing'.
NOW, THEREFORE BE IT RESOLVED by the Commission:
For this project, this signed Planning and Zoning Resolution shall act as a building permit,
enforceable by the Community Development Department. Failure to adhere to the cOnditions
of this approval shall result in a stop work order.
.
Prior to construction, the applicant shall obtain all necessary approvals from the Army Corps.
of Engineers. A copy of said approvals must be filed with the City Engineer. To the extent
possible, the Aspen Consolidated Sanitation District shall coordinate construction schedules
and contracting with the bank stabilization project at Creektree Condominiums involving river
disturbance in the Herron Park vicinity.
.
Only one access point to the river shall be used and shall be revegetated with only native
Plantings to the approval of the Parks Department.
o
The applicant shall gain approval from the Parks Department and the Engineering Department
for the method of protecting the Rio Grande Trail from damage and the stream bank from
erosion during construction.
5. The applicant shall restore all portions of the Rio Grande Trail (bike path) disturbed as a result
of this project to approval of the Parks Department. This may include, but is not limited to,
repaving, patching, and sweeping.
6. The design Engineer shall perform construction observation and, after construction is
completed, shall provide a signed and stamped letter to the City Engineer stating the project
was built substantially as designed.
7. The applicant shall record this Planning and Zoning Resolution with the County Clerk and
Recorder.
8. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
9. The applicant must repair any portion of this improvement that fails and remove any portion
of this improvement that is dislodged and carried downstream.
APPROVED by the Commission at its regular meeting on October 7, 1997.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
Sara Garton, Chair
ATTEST:
~,J~~kie Lothian, Depu{Y C'ty C e