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HomeMy WebLinkAboutKEVINS ORIGINAL Notice of Approval_ACES_Hallam Lake Improvements NOTICE OF APPROVAL APPROVING A STREAM MARGIN REVIEW EXEMPTION TO MAKE IMPROVE DRAINAGE, FLOOD CONTROL, WATER CONTROL AND BANK STABILIZATION FOR THE PROPERTY COMMONLY KNOWN AS THE ASPEN CENTER FOR ENVIRONMENTALLY STUDIES, LEGALLY DESCRIBED AS ASPEN CENTER FOR ENVIRONMENTAL STUDIES SPECIALLY PLANNED AREA FINAL DEVELOPMENT PLAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 26, 2010 IN PLAT BOOK 93 AT PAGE 1 AND ACCORDING TO THE FIRST ADDENDUM RECORDED JULY 8, 2011 IN PLAT BOOK 97 AT PAGE 31. COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID No. 2737-073-00-801APPLICANT:Chris Lane, Aspen Center for Environmental Studies SUBJECT & SITE OF APPROVAL: Stream Margin Review Exemption at the Aspen Center for Environmental Studies. The applicant is requesting to make several improvements to Hallam Lake related to drainage, flood control, water diversion, and bank stabilization. This application was reviewed by Community Development, Engineering, and Parks. SUMMARY: The Aspen Center for environmental Studies (ACES) Hallam Lake Preserve is a 25.5-acre property, zonedAcademic (A) with a Planned Development (PD) Overlay.ACES serves as an education center and nature preserve and is considered an important community asset. The property surrounds Hallam Lake and is adjacent to the Roaring Fork River. In the 1880’s, Hallam Lake was used for recreation, fisheries, and ice production. At the time, an earthen berm was constructed around the lake to stabilize the bank. Some maintenance was completed in the 1980’s, but a large portion of the berm remained untouched. Today, several segments of the berm are beginning to fail; many sections are less than one-foot thick and are at water level. The applicant plans to improve bank stability by repairing the berm and replacing the outflow structure. To complete this work, the lake will be drained, and heavy machinery will be mobilized onsite. The lake and associated berm do not appear to be located within the Stream Margin Review Area of the Roaring Fork River. However, access to the construction site will encroach into the Stream Margin Review Area. The applicant believes the scope of work complies with the Exemption criteria associated with Stream Margin Review. Pursuant to Code Section 26.435.040.B, Exemptions, an expansion, remodel, or reconstruction of an existing development may qualify for a Stream Margin Review Exemption if the proposed development: Does not add more than 10-percent to the floor area of the existing structure or increase the amount of building area exempt from the floor area calculations by more than 25-percent. All stream margin exemptions are cumulative. Once a development reaches these totals, a stream margin review by the Planning & Zoning Commission is required; and, The development does not require the removal of any tree for which a permit would be required; and, 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; and, The development does not fall outside of an approved building envelope if one has been designated through a prior review; and, The expansion, remodeling or reconstruction will cause no increase to the amount of ground coverage of structures within the 100-year flood plain. STAFF EVALUATION: Pursuant to Land Use Code Section 26.435.040.B,Exemptions, an application for Stream Margin Review may be approved administratively if the “expansion, remodel, or reconstruction of an existing development” meets the criteria outlined previouslyin this document. Pursuant to Land Use Code Section, 26.104.100, Definitions, ‘Development’ is defined as: The use or alteration of land or land uses and improvements inclusive of, but not limited to: 1) the creation division, alteration, or elimination of lots; or 2) mining, drilling (excepting to obtain soil samples or to conduct tests) or the construction, erection, alteration or demolition of buildings or structures; or 3) the grading, excavation, clearing of land or the deposit or fill in preparation or anticipation of future development, but excluding landscaping. Although the definition of development is broad, “the grading, excavation and clearing of land”referenced in bullet point number three is most consistent with the scope of work proposed for this project. Despite the grading and excavation that will occur, this work is not planned in preparation or anticipation of future development. Likewise, no Floor Area, or impervious surface will be added to the property. Instead, this work is intended to improve drainage, flood control, water diversion, and bank stabilization.The proposed scope of work does not align with the description of ‘development’ as defined in the Land Use Code. Some trees will be removed or impacted to accommodate construction vehicles and heavy machinery. The removal of trees within the Stream Margin Review Area generally precludes the ability to approve Stream Margin Review administratively. In this instance, the removal of trees is not intended to accommodate development, but rather for the preservation of Hallam Lake. Staff finds that the trees identified for removal in the site plan on file with the Parks Department is appropriate given the context of this application.(A condition of approval is included in this document requiring a tree removal permit.) Following the berm repair work, the disturbed vegetation will be replaced in coordination with the Parks Department. Staff acknowledges the impacts that will occur on the ACES property during construction, however, repairing the berm and improving the overall condition of Hallam Lake is important work that will benefit the community for many years. DECISION: The Community Development Director determines that the request to improve drainage, flood control, water diversion and bank stabilization for Hallam Lake meets the requirements of a Stream Margin Review Exemption with the following conditions: A tree removal permit shall be submitted prior to the removal of any trees. Tree protection fencing is required at the LDA line as depicted in the plans associated with this approval (on file with the Park’s Department). A 12” minimum mulch bedding separated a ¾” plywood must be placed on roadway into the project within the dripline of trees. The entrance of construction vehicles is limited to fuel and repair only. APPROVED BY: _______________________________________________________________ Amy SimonDate Planning Director Attachments: Exhibit A – Application (On File)