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HomeMy WebLinkAboutordinance.council.045-01 ORDINANCE NO. 45 (SERIES OF 2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO AMEND SECTION 26.435.020, AUTHORITY, AND TO REPEAL SECTION 26,435.040, STREAM MARGIN REVIEW, AND ENACT REORGANIZED TEXT THAT AMENDS THE STREAM MARGIN REVIEW PROCESS FOR PROPERTIES ON THE ROARING FORK RIVER TO A REVIEW BY THE COMMUNITY DEVELOPMENT DIRECTOR, AND ADOPT THE STREAM MARGIN MAP AS THE OFFICIAL DETERMINATION OF TOP OF SLOPE AND HIGH WATER LINE OF THE ROARING FORK RIVER, AND TO CLARIFY REVIEW STANDARDS TO THE STREAM MARGIN REVIEW. WHEREAS, the Community Development Department proposed an application for an amendment to Title 26, the City of Aspen Land Use Code; and, WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning Commission, in accordance with the procedures, standards, and limitations of this Chapter, shall by resolution approve, approve with conditions, or deny a Code Amendment application for Amendment to the Land Use Code and Official Zone District Map, after recommendation by the Community Development Department pursuant to Section 26.430.020; Final action shall be by the City Council after reviewing and considering the recommendations; and, WHEREAS, the Community Development Department reviewed the Code Amendments application to change the Stream Margin Review Process for properties on the Roaring Fork River to a review by the Community Development Director pursuant to Section 26.310.040 and recommended approval; and, WHEREAS, the Planning and Zoning Commission conducted a public hearing to consider the proposed code amendments, took and considered public testimony and the recommendation of' the Community Development Director and recommended by a seven to zero (7-0) vote, that City Council adopt the proposed Code Amendments that change the Stream Margin Review Process for properties on the Roaring Fork River to a review by the Community Development Director, reorganize the code section, and adopt the Stream Margin Map created by Sopris Engineering as the official determination in regards to top of slope and high water line for properties on the Roaring Fork River as described in P & Z Resolution No. 43, Series of 2001; and, WHEREAS, the Planning and Zoning Commission found that the Code Amendments proposal meets or exceeds all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, Ordinance No.45, Series of 2001 Page 1 of 8 WHEREAS, City Council reviewed and considered the recommendations of the Community Development Director, the Planning and Zoning Commission, and members of the public during a duly noticed public heating; and, WHEREAS, the City Council finds that the proposed code amendments to Sections 26.435, Environmental Sensitive Areas, and 26.435.040, Stremn Margin Review, meets or exceeds all applicable amendment standards and that the approval of the Code Amendments, are consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Code Amendment application to amend the review authority of the Stream Margin Review to a review by the Community Development Director in Section 26.435.020, Authority, is hereby amended to read as follows: Section 26.435.020: Authority. Following the receipt of the recommendation from the Community Development Department, the Planning and Zoning Commission, in ,accordance with the procedures, standards and limitations of this Chapter, shall by resolution approve, approve with conditions, or disapprove a development application for development in an environmentally sensitive area (ESA), with the exception of development within a stream margin of the Roaring Fork River. Development within this stream margin of the Roaring Fork River shall be reviewed by the Community Development Director. The Community Development Director, in accordance with the procedures, standards, and limitations of this Chapter; shall approve, approve with conditions, or disapprove an application for development in the stream margin. The Community Development Director, in accordance with the procedures, standards and limitations of this Chapter, shall approve, approve with conditions, or disapprove a development application for exempt development in an environmentally sensitive area (ESA). Ordinance No.45, Series of 2001 Page 2 of 8 Section 2 That Section 26.435.040, Stream Margin Review, be repealed and that enact the new code language should be as set forth in Section 3 below. Section 3 That the Code Amendment application to amend the (1) review authority of the Stream Margin Review to a review by the Community Development Director, (2) adopt the Stream Margin Map as the official top of slope and 100 year flood plain, (3) establish an appeal process for administrative stream margin determinations, and (4) reorganize the Stream Margin Review Section is approved and Land Use Code Section 26.435.040, Stream Margin Review, is hereby amended to read as follows: 26.435.040 Stream Margin Review. A. Applicability. The provisions of the Stream Margin Review shall apply to all development within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, and to all development within the 100-year flood plain. B. Exemptions. The Community Development Director may exempt the following types of development within the Stream Margin Review area: 1. Construction of pedestrian or automobile bridges, public trails, or structures for irrigation, drainage, flood control or water diversion, bank stabilization, provided plans and specifications are submitted to the City Engineer demonstrating that the structure is engineered to prevent blockage of drainage channels during peak flows and the Community Development Director determines the proposed structure complies, to the extent practical, with the Stream Margin Review Standards. 2. Construction of improvements essential for public health and safety which cannot be reasonably accommodated outside of the "no development area" prescribed by this Section including, but not limited to, potable water systems, sanitary sewer, utilities, and fire suppression systems provided the Community Development Director determines the development complies, to the extent practical, with the Stream Margin Review Standards. 3. The expansion, remodeling, or reconstruction of an existing development provided the following standards are met: a. The development does not add more than ten (10) percent to the floor area of the existing structure or increase the amount of building area exempt from floor area calculations by more than twenty-five (25) percent. All stream margin exemptions are cumulative. Once a development reaches these totals, a Stream Ordinance No.45, Series of 2001 Page 3 of 8 Margin Review by the Community Development Director or Planning and Zoning Commission is reqttired; and, b. The development does not require the removal of any tree for which a permit would be required pursuant to Chapter 13.20 of the Municipal Code. c. The development is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; i. The development does not fall outside of an approved building envelope if one has been designated through a prior review; and ii. The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100 year flood plain. C. Stream Margin Review Standards. No development shall be permitted within the Stream Margin of the Roaring Fork River unless the Community Development Director makes a determination that the proposed development complies with all requirements set forth below. No Development shall be permitted within the Stream Margin of the tributaries of the Roaring Fork River unless the Planning and Zoning Commission make a determination that the proposed development complies with all requirements set forth below. 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and 2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River Crreenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing access within the high water boundaries of the river course shall be granted to the greatest extent possible via a recorded "Fisherman's Easement;" and, Ordinance No.45, Series of 2001 Page 4 of 8 3. There is no vegetation removed or damaged or slope grade changes (cut or fill) made outside of a specifically defined building envelope. A building envelope shall be designated by this review and said envelope shall be recorded on a plat pursuant to Section 26.435.040(F)(1). 4. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and 5. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency; and 6. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and 7. Copies are provided of all necessary federal and state permits relating to work within the one-hundred-year floodplain; and 8. There is no development other than approved native vegetation planting within fifteen (15) feet back of the top of slope or the high waterline, whichever is most restrictive. This is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees, shrubs, flowers, and grasses) outside of the designated building envelope on the river side shall be native riparian vegetation as approved by the City. A landscape plan will be submitted with all development applications. The top of slope and 100 year flood plain elevation of the Roaring Fork River shall be determined by the Stream Margin Map located in the Community Development Department and filed at the City Engineering Department. 9. All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drown at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020, as shown in Figure "A'. Ordinance No.45, Series of 2001 Page 5 of 8 Top of Slope Figure "A" I0. All exterior lighting islow and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with section 26.575.150. A lighting plan will be submitted with all development applications; and 11. There has been accurate identification of wetlands and riparian zones. (Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3) D. Appeal of Director's Determination. An appeal of a determination in regards to a Stream Margin Application or in regards to the top of slope determination made by the Community Development Director, shall be reviewed as a Special Review pursuant to subsection E, below. In this case, the Community Development Director's finding shall be forwarded as a recommendation and a new application need not be filed. E. Special Review. An application requesting a variance from the Stream Margin Review Standards, or an appeal of the Stream Margin Map's top of slope determination, shall be processed as a Special Review in accordance with Common Development Review Procedure set forth in Section 26.304. The Special Review shall be considered at a public hearing for which notice has been published, posted and mailed, pursuant to Section 26.304.060(E)(3)(a, b, and c). Review is by the Planning and Zoning Commission. A Special Review from the Stream Margin Review Determination may be approved, approved with conditions, or denied based on conformance with the following review criteria: 1. An authorized survey from a Colorado Professionally Licensed Surveyor shows a different determination in regards to the top of slope and 100 year flood plain than the Strean~ Margin Map located in the Community Development Department and filed in the City Engineering Department; and Ordinance No.45, Series of 2001 Page 6 of 8 2. The proposed development meets the Stream Margin Review Standard(s) upon which the Community Development Director had based the finding of denial. F. Building Permit Submittal Requirements Prior to receiving a building permit for a property within the stream margin review area, the following must be submitted: 1. The applicant shall record a site improvement plat with topography prepared by a Colorado licensed, professional surveyor showing the building envelope determined by the Community Development Director based on the Stream Margin Review Map located in the Community Development Department. 2. Site sections drawn by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. 3. The building envelope shall be barricaded prior to issuance of any demolition, excavation or building permits. The barricades shall remain in place until the issuance of Certificates of Occupancy. Section 4: City Council hereby adopts the Stream Margin Review Map of the Roaring Fork River surveyed April through July of 2000 as the official determination of the Top of Slope for the purpose of Stream Margin Reviews for properties on the Roaring Fork River within the City of Aspen. Section 5: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Ordinance No.45, Series of 2001 Page 7 of 8 Section 7: A public heating on the Ordinance shall be held on the 17th day of December, 2001, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED. READ, AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen at on this 26th day o£November, 2001. ~'~ Cl~k/~ athryn Cit? FINALLY. adopted, passed and approved this 17th day of December, 2001 K~tiffyn.S.Ko~j City Clerk Approved as to form: ~q-4V'~e-stgr, City Att&ney Ordinance No.45, Series of 2001 Page 8 of 8