HomeMy WebLinkAboutresolution.apz.001-74 OPE}~A ]}OUSE, ~%1,!]3 Tiie CO~]iCi'!iOUSI~; ]~ECOiq;}llBbJ)li'CU P.U.I).,
PLANNED ONIT DEVELOPbi¥ii~T~ TN Aid(AS i~}}EliE Tile PEtC, i[SSiBLE
IEiIGHT IS ~FECTED BY TNt VIE[q PLAXES ESTAI~LTS}~D UNDER
SECTION 24-9(h); AND FU~U.FI~!R RECO[,fi~NDING TiEtT BI~FORE
SUCIi VIE~,[ PLANES OFO~NANCES A!~ ENACTED BY T}]E CITY
CII, IT THOROUGHLY EYu~I~NE T~Z LECAL CONSEQUENCES OF SUCH
ACTION AND POSSIB~L['~ OF COi'fPENSATION TtIAT ~fAY BE RE-
QUI~D BY ESTABLISi~NT OF VIE¥I CORR~ORS WITtiIN TI~
OF ASPEN,
I,IHEREAS~ the Aspen Planning and Zoning
underkakes continuing review off the City off Aspen Zoning
Code in an effEozt to provide [or the orderly growth and
development o[ the city, and
W}~REAS: views off the surrounding mountains are an
essential quality off Aspen and contribute to the pyosperity
and ~el. Eare off the city as a resort co--unity, and
W~AS, development t~ithin the city is ~hreatening
to eliminate desirable mountain views and therefore diminish
the natural heritage of the ~ity, and
~REAS, Section 24-9 (h) of the Aspen M~icipal Code
authorizes the establishment of view planes needed to pro-
tect monntain views fr~ obstruction~ and
W~REAS~ the Aspen Planning and Zoning Co~ission has
considered all' arg~ents both for and against the establish-
ment of Wagner Park, Cooper Avenue (between Galena and Hunter),
the Wheeler Opera House and the Courthouse concludes that
said view planes are in accordance with the intent of Section
24-9 (h) of the Aspen ~unicipal Code and are necessary to
protect those specific mountain views from obstruction~ and
~AS, the Con~ission is apprised that the concept of
view planes is one new both to the planning and legal profess;ion
and there exists unanswered questions as to whether the establish-
ment of a view plane may, in some instanccs~ be considered a
tions to ~be City Co~nc3.] ~,~itb a request that t!~c Council
direct the city atto~nc.y~ befo~?e adopt~ion by o.~31inance, to
investigate all the legal consequences to the city~ of such
action,
NOW, T~?~EF0.RE,, BE IT RESOLVED~ that the Aspen Planning
and Zoning Commission hereby reco~nmends that the City Council
establish thc following viex~ planes:
1o Wagner Park view plane originating in the North Central
part of Wagner Park above which plane no land use or building
shall project. The reference point bears N 58°03'11'' E 198.65
feet from the Northwesterly corner of Block 83 Original Aspen
Townsite; elevation of the reference point is 7921.93 feet
above mean sea level. The view plane consists of a sector
component more particular].y described ~s follows:
All that space which is within tb~- projection of a sector
of 9°46'18'' and above a plane whigh passes through the
reference point described by t~7o radial lines which bear
S 36°05'49'' E and S 45°52'07'' E respectively from the
reference point, at an inclination of 3~39'10'' above the
horizontal.
2, Courthouse ,~.~.. ..... ~.~o~== originating from the sidewalk on
the Northerly side of Main Street Easterly of Galena Street
above which planes no land use or building shall project.
View plane nu~nber one.
The reference point bears S 79~43'29'' E 69.00 feet from
the Southwesterly property corner of bloc]( 92 Original
Aspen To~]site; a plastic survey cap. Elevation of the
reference point is 7914.5:)- feet above mean sea level.
The view plane consists of spatial components more par-
ticularly described as follows:
(2)
tively and which J.~ above a ptam~ which pv::;ves through
the reference point at an i~c].i~ation of 2°50'3C;'' ab>x'e
horizontal.
4. Coeper Avenue view plane originating on the ~4orthe:~ly g;ide
of Cooper Avenue Easterly of Galena Street above which plane
no land use or building shall project. The reference point
bears N 75°41'52'' E 147.78 feet from the Northwesterly pro-
perty corner of Block 96 Original Aspen Townsite, an aluminum
cap located in the sidewalk. Elevation of the reference point
is 7922.91 feet above mean sea level. The view plane consists
of spatial components more particularly described as follows:
Ail that space which is within the projection of a
section of 48000'00'' described by two (2) radial lines
which bear S 11041'08'' E and S 36018'52'' W respectively
from the reference point, and above a plane which passes
through the reference point at an inclination of 6o20'05''
above the horizontal.
BE IT FURTI~R RESOLVED, that' the Aspen Planning and Zoning
Commission recommends that the Municipal Code of the City of
Aspen, Colorado, be amended by adding a new section 24-9 (h)(5)
which such section shall read as follows:
"(5) When any view plane hereinabove established projects
at such an angle so as to reduce the maximum allow-
able building height to below that otherwise provided
for in this Code, all development of areas so affected
shall proceed according to the provisions of Section
pUD Planned Unit Development, so
24.10ol, et. seq.,
as to afford maximum flexibility in building design
with special consideration to building bulk and
space, and similarly
height, open and pedestrian
to permit variations in lot
and building height reqnirements,
area, lot width, yard
including view
(3)
sc~ctor of 27°48'40'' dc?Jcriibod by two (2)
ii.nas which beat' S ]_6°59'f;$'' E and S ]_0°58'52''
re.~;pectively from thc reference point, and above a
Plane which passes through the reference point at
an inclination of 4025' above the horizontal.
View plane number two.
The reference point bears S 74o14' 26" E 131.46 feet
frcan the Southwesterly property corner of block 92,
Original Aspen Townsite. Elevation of the reference
point is 7915.22 feet above mean sea level. The view
plane consists of spatial components more particularly
described as follows:
Ail that space which is within the projection of a
sector of 26004'38'' described by t-wo (2) radial lines
which bear S 03° 36' 26" E and S 22° 28' 12" W respec-
tively from the reference point, and above a plane
which passes through the reference point at an inclina-
tion of 4048'20'' above the horizontal.
3. Wheeler Opera House view plane originating from the
Wheeler Opera House westerly of Mill Street above which
plane no land use or building shall project. The Easterly
end point of the base line for the view plane bears S 37°31'12''
E 8.06 feet from the Southeasterly property corner of Block 81,
Original Aspen Tmensite. The reference base line bears
N 74°30'11" W a distance of 140.45 feet from the Easterly end
point of the base line for the view plane at an elevation of
7919.38 feet above mean sea level. The view plane consists
of spatial components more particularly described as follows:
All that space which, is within the projection of radial
lines from the Eastcr].y and Westerly telnninus of thc base
line which bear S 30°21'11'' E and S 66008'59'' W respec.
appl:~can~ from the roqu:[r~ments of
when any proposed development satisfies the bLd. iding
design requirements above enthmerated."
BE IT FUR'£I~R RESOL\rED, that the Aspen City Council request
of the city attorney a full s~nmary of the legal principles
involved and a recommendation from the city attorney as to
validity of the establis~nont of the view plane, and consider
such .stm~nary and reccmmendation prior to adoption by ordinance
of the view planes hereinabove enumerated.
Dates this
, 1974.
Aspen Planning and Zoning
Commission