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Home My WebLink AboutFile Documents.1419 Crystal Lake Rd.0009.2017 (11).ARBKStaff Memo 1419 Crystal Lake Road Stream Margin and Special Review Page 1 of 11 MEMORANDUM TO: Planning and Zoning Commission FROM: Hillary Seminick, Planner THRU: Jessica Garrow, Community Development Director MEETING DATE: February 7, 2017 RE: 1419 Crystal Lake Dr. – Special Review and Stream Margin Review, Resolution No.__, Series 2017 APPLICANT /OWNER: Big Dog Family, LLC 911 Ponte Vedra Blvd. Ponte Vedra, FL 904.472.8707 REPRESENTATIVE: Mitch Haas, Haas Land Planning 420 E. Main St., Suite 10-B Aspen, CO 81611 LOCATION: 1419 Crystal Lake Road, Parcel ID No. 2737-181-32-017 CURRENT ZONING & USE This property is located in the Moderate-Density Residential (R-15) zone district in the Callahan Subdivision and Planned Development. The property is developed with an existing single family home. PROPOSED LAND USE: The Applicant is proposing to remodel the interior and exterior of the existing single family home. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve the Figure B: Subject property Figure A: Project location Received 2/22/17 Staff Memo 1419 Crystal Lake Road Stream Margin and Special Review Page 2 of 11 LAND USE REQUEST AND REVIEW PROCEDURES: The Applicant is requesting the following land use approvals from the Planning and Zoning Commission:  Special Review (Pursuant to Lane Use Code Section 26.435.040.E) for a new Top of Slope determination.  Stream Margin Review (Section 26.435.040) for improvements within the Stream Margin Review Area Pursuant to 26.435.040.E, Special Review, an application seeking an appeal of the Stream Margin Map’s Top of Slope designation shall be processed as a Special Review. The criteria for Special Review states the Applicant will demonstrate how the proposed development meets the request outlined in Resolution No. __, Series 2017. Received 2/22/17 Staff Memo 1419 Crystal Lake Road Stream Margin and Special Review Page 3 of 11 Stream Margin Review standards. Stream Margin Review applies to areas located within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams or within the one-hundred-year floodplain where it extends one hundred (100) feet from the high water line of the Roaring Fork River and its tributary streams or within a Flood Hazard Area. Development in these areas shall be subject to heightened review so as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. Review shall encourage development and land uses that preserve and protect existing watercourses as important natural features. The Planning and Zoning Commission will determine if the proposal meets the criteria for a Special Review and Stream Margin Review. The Commission is the final review authority. SUMMARY OF PROJECT: EXISTING CONDITIONS: Located on the east side of town outside the Aspen Infill Area, the subject property, 1419 Crystal Lake Road is zoned Moderate-Density Residential (R-15) and is Lot 14-E of the Callahan Subdivision and Planned Development. A 6,374 sq. ft. single family home was constructed on the property in 1990, shown in Figures C and D. The lot is just over one acre at 45,188 sq. ft. and is located on the banks of the Roaring Fork River. A portion of the property is located within the applicable Stream Margin Review Area, indicated in Figure E. Figure C. Front of existing residence Figure D. Rear (riverside) of existing residence Received 2/22/17 Staff Memo 1419 Crystal Lake Road Stream Margin and Special Review Page 4 of 11 Figure E. Existing conditions site map The existing property has the following non-conformities with regards to Stream Margin Review: The following figures refer to the proposed Top of Slope designation, further described in the Proposal section of this memo.  A portion of the existing home projects into the 45° progressive height limit, as measured from the proposed Top of Slope designation, shown in Figures F and G; and,  A putting green and stair case, as shown in Figures F and H; and,  Non-native vegetation below the proposed Top of Slope and within 15’ of the proposed Top of Slope, shown in Figure F. Received 2/22/17 Staff Memo 1419 Crystal Lake Road Stream Margin and Special Review Page 5 of 11 Figure F. Existing riverside conditions with approximate location of the proposed Top of Slope Designation Received 2/22/17 Staff Memo 1419 Crystal Lake Road Stream Margin and Special Review Page 6 of 11 PROPOSAL: The Applicant proposes the following improvements to the existing single family residence:  Relocation of existing deck area; and,  Replace and change location of existing fenestration; and,  Replace existing exterior materials; and,  Remove putting green and stairs located within 15’ of the Top of Slope; and,  Revegetate areas within 15’ of the Top of Slope with native vegetation; and,  Add new stormwater improvements; and,  Add new patio area and spa. Figure I. Proposed riverside rendering Figure G. Existing second story projecting into the 45° Progressive Height Limit Figure H. Nonconforming staircase location Received 2/22/17 Staff Memo 1419 Crystal Lake Road Stream Margin and Special Review Page 7 of 11 Figure J. Existing riverside elevation Figure K. Proposed riverside elevation Received 2/22/17 Staff Memo 1419 Crystal Lake Road Stream Margin and Special Review Page 8 of 11 Figure L. Site plan with proposed exterior improvements Additionally, the Applicant proposes a new Top of Slope determination, as shown in Figure M. below. Figure M. Site Map with proposed Top of Slope determination and improvements Received 2/22/17 Staff Memo 1419 Crystal Lake Road Stream Margin and Special Review Page 9 of 11 STAFF COMMENT: There are eleven (11) review criteria associated with Stream Margin Review, and two (2) associated with Section 26.435.040.E. Staff findings for the aforementioned review criteria are summarized below and full responses are in Exhibit A. Additionally, the application was referred to both the Engineering and Parks Departments for review and comment that can be found in Exhibit B. All conditions required by the referral departments have been incorporated in the approval resolution. The nature of the changes proposed by the remodel raises four primary questions regarding the Stream Margin Review and Special Review criteria: 1) Does the City of Aspen’s Engineering Department support the proposed Top of Slope determination? The proposed Top of Slope determination was confirmed onsite by the Engineering Department in the fall of 2016. The Top of Slope provides the basis of the Stream Margin Review; therefore, Staff reviewed the proposed development based on the new Top of Slope determination. 2) Do any of the proposed additions to the rear of the property extend into the Top of Slope setback? The putting green and staircase located below the Top of Slope setback are proposed for removal. The new patio, relocation of deck area, and changes to the rear façade of the building are all located beyond 15’ of the Top of Slope as shown in Figures L and M, above. 3) Do any of the proposed changes infringe on the 45° progressive height plane from the Top of Slope? As noted in the Existing Conditions section of this memo, the existing home projects into the 45° Progressive Height Limit. Criteria 9 does not allow for development outside the 15’ setback from the top of slope to exceed a height delineated from a line drawn at 45°, also known as the Progressive Height Limit. The home currently projects into this plane shown in Figure M. The projection into the plane will not increase as a result of the proposed improvements as shown in Figures N and O. Figures P and Q provide a footprint of the proposed and existing eves, and demonstrate the improvements will not increase this non- conforming aspect of the home. Received 2/22/17 Staff Memo 1419 Crystal Lake Road Stream Margin and Special Review Page 10 of 11 Figure P. Existing roof eve projecting into 45° Progressive Height Limit Figure Q. Proposed roof eve projecting into 45° Progressive Height Limit Figure N. Existing second story projecting into the 45° Progressive Height Limit Figure O. Proposed second story projecting into the 45° Progressive Height Limit Received 2/22/17 Staff Memo 1419 Crystal Lake Road Stream Margin and Special Review Page 11 of 11 4) How will the proposed changes to the rear of the property affect riparian vegetation and features? In addition to removing the putting green and staircase that are below the Top of Slope, the Applicant proposes to further improve areas below the 15’ Top of Slope setback and Top of Slope by revegetating with native plant species as approved by the Parks Department. The Parks and Engineering Departments have concerns with the potential impacts of excavation and reconstruction in the proximity to the root structures of trees. The referral comments from both departments indicate that careful treatment during excavation and final design can mitigate these potential impacts. These conditions have been included in the approval resolution. SUMMARY: The Top of Slope determination is supported by the Engineering Department, and both Parks and Engineering support the removal of the putting green, the stair case, and the revegetation of the “no development” area. The proposed project meets all of the standards in 26.435.040.C., Stream Margin Review and 26.435.040.E, Special Review. RECOMMENDATION: Community Development Department staff recommends that the Planning and Zoning Commission approve the request for Stream Margin Review and Special Review, with conditions. RECOMMENDED MOTION: If the Planning and Zoning Commission chooses to recommend approval for the request, they may use this motion “I move to make a recommendation to approve the requests for Stream Margin Review and Special Review at 1419 Crystal Lake Road.” ATTACHMENTS: Exhibit A – Stream Margin – Review Criteria Exhibit B – Referral Agency Comments Exhibit D – Application Exhibit E – Public Notice Received 2/22/17