HomeMy WebLinkAboutresolution.apz.005-84 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
RECOmmENDING CONCEPTUAL PUD/SUBDIVISION APPROVAL
FOR THE TOP OF MILL, SUMMIT PLACE AND 700 SOUTH GALENA
CONDOMINIUM COMPONENTS OF THE ASPEN MOUNTAIN PUD AND
RECOMMENDING A REZONING TO R-15(PUD)(L) FOR THAT PORTION OF THE
TOP OF MILL SITE CURRENTLY ZONED PUBLIC AND O¥~NED BY THE CITY OF ASPEN
Resolution No. 5
(Series of 1984)
WHEREAS, American Century Corporation, Commerce Ssvin~s Association,
Alan R. ![ovak and Robert Callaway (hereinafter referred to as the
"Applicants") ~ have submitted an application for conceptual PUD/sub-
division approval for the Top of Mill and Summit Place condominium
components of the Aspen I~ountain PUD; and
WHEREAS, the application requests certain additional reviews
and approvals including 8040 Creenline and Hountain View Plane review
and a rezoning to L-2 for those portions of the Top of Eitl site
currently zoned Public and E-15 (PUD)(L); and
¥~EREAS, the Applicants have withdrawn their recuest for rezonJng
currently zoned R-
to L-2 of that portion of the Top of
15 (PUD) (n); and
WHEREAS~ the Aspen Planning and
Rill site
Zoning Commission (hereinafter
referred to as the "Commission") did consider the Applicants' requests
for conceptual PUD/subdivision approval of the Top of [[ili and Summit
Place condominiums~ 8040 Greenline and Mountain View Plane review~
and rezoning from Public to L-2 at meetings held on ~[arch 20th. ITarch
27th and Ar. ril 17, !984~ and at a duly noticed public hearing conducted
on April 10~ 1984; and
¥~EREAS, the Commission wishes to defer formal action with respect
to the Applicants' request for ~040 Greenline and ~[ountain View Plane
review until its consideration of the Applicants' preliminary PUD/sub-
division submission, given the technical nature of the various review
criteria and the need for raore detailed information in order to adequately
assess project impacts; and
WHEREAS~ pursuant to
any project needing PUD or
Section 24-11.3(f) of the [~unicipal Code,
subdivision approval which has received
a development allotment may be deemed by the Planning Office to have
satisfied the conceptual presentation re(~uirements of the City's
PUD and subdivision regulations; and
P. esolution 1,7o. 84-_5__
Page 2
V~EREAS~ the Aspen City Council did allocate~ pursucnt to Section
z4-1!.4(g) of the I[unicipal ~o¢!e a development allotment of twelve
(12) residential units to the 700 South Galena condominium component
of the Aspen Mountain PUD, as set forth in ~esolution ]~o. 7, Series
of 19~4; and
WHEREAS~ the Commission did review, Section 24-].1.3(f) of the
Municipal Code notwithstanding, the 700 South Galena condominium
component of the Aspen !.?ountain PUD with respect to the conceptnal
PUD/subdivision criteria of the Municipal Code at meetings held on
April 24th, May 1st and [:ay 8, 198~; and
W~EREAS, the Applicants have revised the Top of [~;i!l and 700
South Galena _on¢.omzn~um components of the Aspen !'lountain PUD in
response to various concerns identified by the Plannimg Office and
Commission~ including a significant reduction in the overall height
of both projects.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission
of the City of Aspen.~ Colorado:
Section 1
That it does hereby recommend that the Aspen City Council grant
conceptual PUD/subdivision approval~ pursuant to Sections 20-10 and
24-8.7 of the Dunicipal Code, to the Top of !]il!~ Summit Place and
700 South Galena condominium components of the Aspen Uountain PUD
subject to the following conditions:
1. The Applicants' ac¢~uisition of that portion of
of Mill site currently owned bv the Citv.~ ~
the Top
The AQplicants' resolution of the Engineering Department's
concerns with respect to the accessibility of certain internal
areas of the Top of ~7ill site for fire protection purposes.
The Applicants' sub~aission
to the Aspen Ski Club, for
facilities.
of a detailed proposal~ acceptable
the relocation of the Ski Club's
The vacation of Mill Street being conditioned upon the
retention of all 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 eztent and nature of the grading required
to construct the proposed retention ponds.
Resolution ~o. 84- 5
Page 3
6. The height of the Top of ~[ill condominium units not exceeding
thirty-three (33) feet as measured from the lowest floor
elevation to the midpoint of the roof.
The Applicants' revision of the Top of Mill site plan so
as to increase the distance between the two single-family
units located at the southern terminus of ~%i!l Street in
order to expand the view through the project from the Street
to the ski area.
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, in particular as viewed from Mill Street,
Lift !-A and the adjacent ski terrain.
10.
The Applicants' provision of an adequate easement, acceptable
to the Engineering Department, so as to allow the extension
of Su~.]it Street in the event the extension is deemed appro-
priate by the City.
The Applicants' granting of an acceptable trail easement
across the Top of Mill site so as to provide access~ to
the extent feasible, to the base of Little Dell and Lift
1-A.
The Applicants' submission of a preliminary soils and water
table investigation of the 700 South Galena site to include
an evaluation of slope stabilitv both during and following
construction. Conceptual PUD/subdivision approval of the
700 South Galena project should be expressly conditioned
upon the Applicants' mitigation of any soils~ slope stability
or drainage problems identified, the details of said mitigation
to be included in the Applicants' preliminary PUD/subdivision
submission.
12.
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.
13.
The Applicants' agreement to a completion schedule for
the construction of the 700 South Galena project and the
provision of an appropriate performance bond 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 necessary.
14.
The height of the 700 South Galena condominium units not
exceeding a maximum of thirty-four (34) feet along the
projects' south facade~ a maximum of thirty-nine (39) feet
along the north facade and a maximum of forty-three (43)
feet in any other location as compared to the maximum height
allowed in the underlying L-2 zone district of thirty-three
(33) feet, all as measured from natural grade to the ridge
of the roof and as shown on the Applicants' revised elevations
dated April 27, 1984. These restrictions are to be noted
and recorded on the Applicants' final PUD/subdivision plat.
15.
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
general site area.
16. The above conditions being met prior to preliminary PUD/sub-
division approval.
17. The reconstruction of existing residential units being
limited to the forty (40) units verified pursuant to Section
Resolution ~o. 84-__--5._
Page ~
24-1]..2(a) of the t%unicipal Code, being accom~31ished within
five (5) years of the date of demolition, and being restricted
to the Aspen Ilountain PUD site.
18.
Ail material representations of the Applicants' conceptual
PUD/subdivision and residential GMP applications not speci-
fically referred to above being made a condition of this
approval.
Section 2
That it does hereby recomnend that the Aspen City Council deny
the Applicants~ request for a rezoning from Public to L-2 of that
portion of the Top of ~ill site currently owned by the City and does
hereby reconmend instead that the parcel(s) be rezoned to R-15 (PUD) (L),
at such time as the parcel(s) may be conveyed to the Applicants,
for the following reasons:
While the proposed development is consistent with the intent
of the L-2 zone category and of the Recreation/Acconmodations
Transition land use category applied to this area in the
1973 Aspen Land Use Plan, a rezoning to L-2 is not required
to achieve the proposed development.
The primary reason for the Applicants' request is to enable
them to take advantage of the more favorable FAR ratio
available in the L-2 zone district. Since the FAR. provisions
of the ~!unicipal Code may be varied pursuant to the PUD
regulations, a rezoning merely to reduce the extent of
the requested variation is inappropriate.
The L-2 zone district permits multi-family residential
uses in addition to single-family units and duplexes and~
therefore, does not guarantee that development will occur
consistent with the adopted Land Use Plan.
APPROVED by the Planning and Zoning Commission of the City of
Aspen, Colorado, at their regular meeting on [~]ay 8 , 1984.
ASPEN PLANNING AND ZONING COMMISSION
ATTEST:
Perry~rvey, Chairman,/
Barbara l~orris, Deputy City Clerk