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Home My WebLink Aboutapz.res.023-92RF~OLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION ADOFFING THE ASPEN CITY SHOP MASTER PLAN Resolution 92-~,~ WHEREAS, the Aspen City Council funded and directed the Planning Office to study the City Shop site at 1080 Castle Creek Road in order to determine the feasibility Of an expansion in keeping with the historic nature of the National Register-listed site, as recommended by the Blue Ribbon Committee, and WHEREAS, a staff Master Plan team was formed to prepare a Request for Proposal, review proposals, and select a consultant to assist in the development of the Master Plan, and WHEREAS, a citizen-intensive review process was conducted during a multi-day design charette, which resulted in the selection of a conceptual design plan which was endorsed by the Historic Preservation Committee and the Planning and Zoning COmmission, and City Council, and WHEREAS, the Planning and Zoning Commission reviewed the City Shop 'Master Plan at a public hearing on November 17, 1992, and wishes to formally adopt the plan. NOW, THEREFORE, BE IT RESOLVED that the City Shop Master Plan be adopted as proposed, with the additional requirement that an energy efficiency component to be included during the development of Phase II of the Master Plan, the construction documents. APPROVED by the Aspen Planning and Zoning Commission during a public hearing at their regular meeting on November 17, 1992. ATTEST: Jan C3('ney, Assistant City/~lerk reso. PZ.city .shop .master.plan ASPENtPLANNING AND ZON,~G COMMISSION Jasmine Tygre, Chairfna~ BEFORE THE ASPEN PLANNING & ZONING COMMISSION IN RE THE I~TTER OF LOT :~, HO.%(~ ~UBDIVI~ION, A/I~/A LXZ$ UTE AVENUE, JOSEPH ~. ~ALUBA~ APPLICANT THIS MATTER came before the Planning and Zoning Commission for hearing on December 15, 1992, upon written notice to Joseph S. Zaluba, to determine whether Mr. Zaluba has failed to comply with or has violated the terms and conditions of 8040 Greenline Land Use Development Approvals awarded to him on January 2, 1990, as amended on July 21, 1992 by the Findings and Order of the Aspen Planning and Zoning Commission entered August 24, 1992. Mr. Zaluba and his co-owner and Applicant, Mr. Ronald Collen, appeared before the Commission represented by legal counsel, Martha C. Pickett and Timothy McFlynn of McFlynn & Pickett, P. C. The Commission heard the presentation of the evidence from the staff of the Planning Department, from Mr. Zaluba's representatives and from interested persons during a public hearing on the Notice to Show Cause. Having considered the testimony, the documents presented and the other evidence, the Commission finds as follows: 1. On November 4, 1992, written Notice to Show Cause was issued by the Commission to Joseph S. Zaluba alleging that grounds existed to believe that he had violated and/or failed to comply with enumerated terms and/or conditions of the 8040 Greenline Approval, as modified by the Commission at the July 21, 1992 Show Cause hearing. 2. Mr. Zaluba, through his representatives, received notice of the hearing on said Notice to Show Cause scheduled for November 10, 1992 and appeared through his legal representatives at said hearing on November 10 and at the continued hearing on December 15, 1992. 3. Mr. Zaluba failed to revegetate the road cut and remove all spoils from the bank of the new road cut by September 1, 1992 and therefore violated Condition Number 1 of the July 21, 1992 Modified Conditions of the 8040 Greenline Approval. 4. Mr. Zaluba failed to post a performance bond or other similar security as approved by the City Attorney, in a sum up to $300,000.00, to secure the successful completion of the revegetation, installation of the retaining walls, slope stabiliza- tion, drainage mitigation, and road surface stabilization, all in violation of Condition Number 3 of the July 21, 1992 Modified Conditions of the 8040 Greenline Approval. 5. Mr. Zaluba failed to complete the slope and road stabilization work, the removal of all spoils, and the construction of the retaining walls by October 15, 1992, in violation of Condition Number 4 of the July 21, 1992 Modified Conditions of the 8040 Greenline Approval. NOW, THEREFORE, based upon the foregoing findings, IT IS HEREBY ORDERED as follows: 1. Mr. Zaluba' s 1990 8040 Development Greenline Approval, as amended July 21, 1992, shall be revoked at this time, but said revocation shall be stayed pending timely and satisfactory compliance with each of the following new conditions: (a) Submission by December 18, 1992 of an irrevocable standby Letter of Credit in the amount of $80,000.00 in favor of the City of Aspen, issued on behalf of Jeffrey Rush, M.D., the contract purchaser of Lot 3, Hoag Subdivision, from a finan- cial institution and in a form approved by the City Attorney on or before December 31, 1992, and if said letter of credit is not so approved by said date then the 8040 Greenline Approval shall automatically expire and the Applicant shall be deemed to have waived his right to any further hearings before the Commission. Said Letter of Credit shall be effective until September 15, 1993. (b) If Jeffrey Rush, M.D., as contract purchaser of Lot 3, Hoag Subdivision, fails to close on the said purchase on or before February 24, 1993, and no substitute Letter of Credit is submitted by or on behalf of the Applicant from an institu- tion and in a form approved by the City Attorney on or before said closing date, the 8040 Greenline Approval shall automati- cally expire and the Applicant shall be deemed to have waived the right to any further hearings before the Commission. (c) Design approval by the Commission of plans for the retaining wall proposed by the Applicant, as designed by Greg Mosian, landscape architect, and engineered by High Country Engineering, dated October 15, 1992, and approved by the Aspen City Engineering Department, to be approved as an Amendment to the 8040 Greenline Approval by the Commission on or before February 9, 1993. (d) Satisfactory completion of all on-site work required by the 8040 Greenline Approval, as modified on July 21, 1992 and as further modified by these conditions, including but not limited to the construction of the retaining wall, removal of spoils and revegetation, on or before July 1, 1993, except for the revegetation of the upper road cut which shall have the right to be completed on or before July 31, 1993, and if any of said work is not satisfactorily completed by said dates the City shall have the right to draw upon the Letter of Credit to insure that such work is completed as soon as practicable thereafter. (e) Satisfactory completion of any required emergency remedial work, arising or resulting from Spring runoff onto adjacent properties, timely performed either by or on behalf of the Applicant and/or Jeffrey Rush, M.D., the contract purchaser, and if not satisfactorily and timely performed, the City shall have the right to draw upon the Letter of Credit to cause such work to be completed as soon as practicable. 2. If each of the foregoing conditions is complied with, the revocation of the 8040 Greenline Approval, stayed by the Commission in this Order, shall automatically be rescinded and the 8040 Greenline Approval, as amended, shall be reinstated without further hearing by or action of the Commission. Entered this /~.~day of December, 1992. ASPEN PLANNING AND ZONING COMMISSION Jasmine Tygre, Chair ATTEST: jan carney, ~epu~city Clerk Approved as to substance and form: McFLYNN & PICKETT, ~. C. ' A'¥tt~n~e~~ PfoirCR~ptptl icant zahd~\f~ndings.ord January 4, 1993 THE CITY OF ASPEN OFI~ICE OF THE CITY ATTORNEY · Ms. Mar'tha C. Pickett McFlynn & Pickett 320 West Main Street, Suite Aspen, Colorado 81611. Re. zaluba-Hoag Lot 3 Dear Marty- This is just to confirm that I have fOund the letter of credit as issued by Imperial Bank of Inglewood, California, relevant to the above-noted-property, to be consistent with the Planning and 'Zoning Commission's findings and order 'of December 15, 1992 (copy. enclosed) and acceptable to this office. The original will' be kept 6n file in the City Clerk's office. Hopefully, this matter' will now resolve itself in'accordance with the P/Z's order. . · . Let ~e know should you have any questionS... Very truly yours, Edward M. Caswall City Attorney EMC/mc ·Enc. cc' Leslie Lamont, Planning Department ~',~City ~Clerk 130 SOUTH GALENA STREET . ASPEN, COLORADO 81611 · PHONE 303.920.5055 · FAX 303.920.5119 Printed on recycled paper