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HomeMy WebLinkAboutHerron Park Text & ExhibitsCITY OF ASPEN HERRON PARK APPEAL OF TOP OF SLOPE AND STREAM MARGIN REVIEW SUBMITTED BY ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 920-1125 JAN UARY, 2022 TABLE OF CONTENTS PAGE I. Introduction................................................... 1 II. Stream Margin Special Review - Appeal of Top of Slope Mapping ....... 2 III. Stream Marin Review Standards .................................. 4 IV. Conclusion.................................................... 7 EXHIBITS #1. Proof of Ownership by City Attorney #2 Letter from City Parks Authorizing Submission of Application #3. Pre -Application Conference Summary #4. Herron Park Hydraulics Study by Dewberry MAPS Vicinity Map Stream Margin Improvement Plat Introduction This is an application requesting Stream Margin Review approval to replace the existing temporary restroom facilities at Herron Park with a permanent public restroom structure. This application also includes an appeal of the current top of slope determination for this property, which is intended to correct the top of slope map designation for this property. Herron Park's street address is 108 Neale Avenue in Aspen. The Pitkin County Parcel ID# for Herron Park is 273707300860. A vicinity map showing the location of Herron Park within the City is included in this application package. Herron Park is located between Neale Avenue and the Roaring Fork River. Herron Park is approximately 2.448 acres in size and is improved with children's playground equipment, benches/picnic tables and a segment of the Rio Grande Trail. The existing lawn area and "beach" along the River are heavily used and highly valued by the public. Herron Park is zoned Park (P) on the City's Official Zone District Map. Herron Park is owned by the City of Aspen (hereinafter, "the applicant"). Proof of the ownership of the subject property and the property's legal description are provided within a letter from Jim True, the City Attorney (see Exhibit #1). The City of Aspen has designated Alan Richman Planning Services, Inc. as its representative for this application and authorized him to submit this application on its behalf (see the letter from the City Parks Director, attached hereto as Exhibit #2). Several pre -application discussions were held between the applicant and staff of the Community Development Department prior to submission of this application. A copy of the pre -application summary staff provided to the applicant is attached hereto as Exhibit #3. The pre -application summary describes two alternative approaches to processing this application. One approach would be to first apply for a hearing by the Planning and Zoning Commission to amend the current top of slope mapping for this property. This would be followed by a second application, requesting stream margin review of the restroom, to be reviewed administratively. The alternative approach would be to combine the two matters into a single hearing by the Planning and Zoning Commission. The applicant has chosen this latter approach, as it is the more efficient, comprehensive way to approach this project. Therefore, this application provides responses to the following two sub -sections of the Land Use Code: Sec. 26.435.040.E Stream Margin Special Review (Appeal of Top of Slope); and Sec. 26.435.040.0 Stream Margin Review Standards. The following sections of this application are organized to demonstrate how the proposal complies with those review standards. Herron Park Appeal of Top of Slope and Stream Margin Review Application Page 1 Il. Stream Margin Special Review — Appeal of Top of Slope Mapping The City's Stream Margin Review Map is the official source for the top of slope mapping within the City of Aspen. The applicant reviewed the adopted top of slope mapping for Herron Park and found it to be inaccurate. Therefore, the City Parks Department initiated discussions with the City Engineer and the Community Development Department. Based on those discussions, the City Engineer made a determination that the top of slope mapping is not accurate for this property and should be amended. The City Engineer therefore recommended that the applicant appeal the top of slope mapping so a more accurate depiction can be adopted for Herron Park. According to Sec. 26.435.040 E. of the Land Use Code, an appeal of the top of slope determination shown on the Stream Margin Review Map shall be processed as a special review. The Aspen Planning and Zoning Commission is authorized to approve, approve with conditions or deny the appeal, based on its 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 Stream Margin Map located in the Community Development Department and filed in the City Engineering Department; and Response: The Stream Margin Site Improvement Plat prepared by Sopris Engineering shows the top of slope which is depicted on the City's Stream Margin Review Map. The adopted top of slope encompasses not only the entirety of Herron Park, but actually goes well beyond this property, taking in several properties across Neale Street. This does not bear any relationship to the City's stated purpose in regulating the top of slope, which can be found in Sec. 26.435.040.C.8 of the Land Use Code. The stated purpose of the top of slope setback is "to protect the existing riparian vegetation and bank stability': This language tells us that the top of slope should be located in relatively close proximity to the Roaring Fork River, where water -influenced riparian habitat is present, not within the more distant uplands, where no such water features or associated vegetation can be found. The proposed top of slope line for Herron Park is also shown on the Stream Margin Site Improvement Plat. It was arrived at by the applicant, working closely with the City Engineering Department. The applicant requests that this top of slope determination be formally adopted for this property by the Aspen Planning and Zoning Commission. (2) The proposed development meets the stream margin review standard(s) upon which the Community Development Director had based the finding of denial. Response: Responses to the standards for stream margin review are found in Section III of this application. These responses demonstrate that the proposed restroom structure will comply with the adopted stream margin review standards. Herron Park Appeal of Top of Slope and Stream Margin Review Application Page 2 Stream Margin Review Standards Given the location of Herron Park, the proposed development is subject to Stream Margin Review. Therefore, the applicant has prepared a Stream Margin Site Improvement Plat which is included in this application package. This drawing shows the existing conditions on the property and the proposed development. It also designates two proposed building envelopes, based on discussions we have held with Community Development Department staff and as required by the Stream Margin Review Standards. The Site Improvement Plat shows that the only development which is proposed for Herron Park is the removal of the existing temporary restroom facilities and their replacement with a permanent restroom structure within Building Envelope A. The replacement structure will be located where the existing facilities are now located, close to the existing parking spaces and the paved Rio Grande Trail. This will place the structure as far from the sensitive riparian features of the Park as possible (it will be set back from the top of slope by almost 150) and will also minimize the amount of disruption to the Park which will be caused by its installation, since this location is already developed. Building Envelope B includes the existing playground equipment at the Park and the associated picnic facilities. That envelope has been set back from the top of slope by 15' so it excludes all of the more sensitive riparian features along the Roaring Fork River. There is no development proposed within this envelope as part of this application. Following are the applicant's responses to the standards for Stream Margin Review found in Section 26.435.040 C. of the Aspen Land Use Code: 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. Response: The floodway of the Roaring Fork River (Zone AE) is shown on the Site Improvement Plat. The floodway boundary has been mapped by Sopris Engineering and is derived from the most current floodplain maps prepared by FEMA for Pitkin County. The proposed restroom structure will be located well above the boundary of the floodway. Therefore, the proposed development will not have any impact on the base flood elevation of the Roaring Fork River. It should be pointed out that all of proposed Building Envelope B is located within the floodway. That envelope is where the existing playground equipment at Herron Park is located. Before that equipment was installed to replace the prior playground equipment, Herron Park Appeal of Top of Slope and Stream Margin Review Application Page 3 the Parks Department commissioned an engineering study which demonstrated that the installation would not raise the base flood elevation of the Roaring Fork River. A copy of that report, which was accepted by the Engineering Department, is attached as Exhibit #4. The applicant hereby agrees that before any further development is proposed to take place within the floodway, this same type of engineering study will again be performed, providing the required demonstration that the proposed development will not raise the base flood elevation. 2. The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork Greenway plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic use or access shall be dedicated via a recorded easement for public use. A fisherman's easement granting public fishing within the high water boundaries of the river course shall be granted via a recorded "Fisherman's Easement': Response: The fundamental purpose of this application is to implement the adopted plans of the Open Space and Trails Board for Herron Park. The entire area of Herron Park is already dedicated to public use and will remain as such. 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 Sub -section 26. 435. 040. F.1. Response: Building Envelopes A and B have been designated on the proposed Site Improvement Plat. Building Envelope B has purposely been set back a minimum of 15' from the top of bank to protect the riparian habitat. The applicant will not remove any stream bank vegetation or make any grade changes along the stream bank outside of the proposed envelope. In fact, placing the restrooms within Building Envelope A ensures that the proposed construction will occur at a considerable distance from any riparian habitat or other sensitive features along the Roaring Fork River. 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. Response: The development will not interfere with or change the course of the Roaring Fork River. Herron Park Appeal of Top of Slope and Stream Margin Review Application Page 4 The proposed restroom structure will be designed to comply with the City's adopted stormwater management standards. This will ensure that on -site drainage is accommodated on -site and does not cause water pollution or other impacts on the Roaring Fork River. In fact, an express purpose of this application is to protect water quality by removing the temporary restroom facilities which exist today, since these have the potential to fail and thus result in pollution being introduced into the River. 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. Response: No such alteration or relocation is proposed, so providing written notice should not be necessary. 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. Response: No alteration or relocation of a water course is proposed, so providing a guarantee should not be necessary. 7. Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. Response: No work is planned within the 100 year floodplain, so no permits are needed. 8. There is no development other than approved vegetation planting taking place below the top of slope or within 15 feet 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 Response: No development will occur within the top of slope or within 15 feet of the top of slope. The applicant does not have any plans at this time to add landscaping to the Park as part of this project, other than to restore any lands disturbed by the construction with an appropriate ground cover. The applicant hereby agrees that if any landscaping is to be installed, then a landscape plan will be provided with the building permit submission for the Herron Park Appeal of Top of Slope and Stream Margin Review Application Page 5 restroom structure. No plantings are planned below the top of slope, but if plantings were to be considered, they will consist solely of native riparian vegetation. 9. All development outside the 15 foot setback from the top of slope does not exceed a height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the detlnition for height set forth in Section 26.04.100 and method of calculating height set forth at Section 26.575.020, as shown in Figure A. Response: The proposed restroom structure will be set back by approximately 148' from the top of slope. The structure will be limited to a height of no greater than 16'. Given the considerable distance of the structure from the top of slope and the relatively limited height of the structure, there is no possible way that the proposed restroom structure could protrude above the specified 45 degree angle. Therefore, the applicant requests that the City waive the requirement to submit a site section showing the top of slope and 45 degree angle as it is clearly not relevant to this proposal. 10. All exterior lighting is low and downcast, with no lights 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. Response: The applicant agrees to comply with these exterior lighting standards. If any lights are determined to be needed for this structure, such as for safety or public convenience, a lighting plan will be submitted at the time of building permit review demonstrating compliance with all applicable City lighting standards. 11. There has been accurate identification of wetlands and riparian zones. Response: The wetland and riparian zone of this property is located below the top of slope. No development or other disturbance of this area is proposed as part of this application. Herron Park Appeal of Top of Slope and Stream Margin Review Application Page 6 IV. Conclusion The above responses and the attached materials provide the information which has requested to process this application. This application package demonstrates that the proposed project complies with the applicable provisions of the Aspen Land Use Code. Please do not hesitate to contact us if you need anything else during the review process. Herron Park Appeal of Top of Slope and Stream Margin Review Application Page 7 EXHIBITS D CITY OF ASPEN December 20, 2021 EXHIBIT #1 Philip Supino Community Development Director City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 RE: John Herron Park, Aspen, CO. Mr. Supino: I am an attorney, licensed to practice law in the State of Colorado. Please accept this letter confirming and certifying that the City of Aspen, a home rule municipal corporation, is the owner of certain real property located at 108 Neale Avenue, Aspen, CO 81611, and legally described as Section: 7 Township: 10 Range 84 Herron Park tract of land in Sec 7-10-84; Pitkin County, Colorado, and referred to in the records of the Pitkin County Assessor. as Parcel number 273707300860 / Account R014758, currently known as John Herron' Park. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me Kind Regards, _[Copy: Original signed by James R. Truel James R. True City Attorney City of Aspen Jim.True(aD-aspen.gov 970.920.5108 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com CITY OFASPEN EXHIBIT #2 Ms. Amy Simon City of Aspen Community Development Department 427 Rio Grande Place Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR HERRON PARK Dear Amy, The City of Aspen is the owner of the property commonly known as Herron Park. The City hereby authorizes Alan Richman Planning Services, Inc. to submit a stream margin review land use application to replace the existing temporary bathroom facilities in the Park with a permanent bathroom structure. Mr. Richman is authorized to submit the land use application on behalf of the City's Parks Department and to represent the City of Aspen in meetings with City staff and the Aspen Planning and Zoning Commission. Should you need any further information from us during the course of your review of this application, please contact Mr. Richman or you may contact me directly. Sincerely, Matt Kuhn Parks Director Street address Aspen, CO 816111 Phone: 555-555-5555 1 aspen.gov EXHIBIT #3 D e4 0M , k. > CITY OFASPEPI PRE -APPLICATION CONFERENCE SUMMARY DATE: 12/3/21 PLANNER: Haley Hart, haley.hart@cityofaspen.com, 970.618.6762 PROJECT NAME AND ADDRESS: Herron Park,108 Neale Avenue PARCEL ID#: 273707300860 REPRESENTATIVE: Matt Kuhn, matt.kuhn@cityofaspen.com DESCRIPTION: Herron Park is owned and managed by the City of Aspen's Parks Department. The park is located within the Park (P) zone district and is adjacent to the Roaring Fork River. The Applicant seeks to establish a permanent restroom facility to serve visitors of the park. Due to Herron Park's location within the Stream Margin Review Area and below the codified Top of Slope, all development in the Park is subject to Stream Margin Review standards. Prior to submitting the application, the applicant is strongly encouraged to work with City Engineering to assess whether an alternative Top of Slope can be identified within the park. The ability to build the restroom, based on current code, is dependent on a finding from Engineering that the codified Top of Slope is not consistent with the site -specific conditions as the park relates to the Roaring Fork River — and that an alternative is more appropriate. There are two process paths available to the applicant. The first option involves two, distinct land use applications. First is a hearing with Planning and Zoning (P&Z) to establish an alternative Top of Slope. The outcome of the hearing would be a review and approval limited to the establishment of the alternative Top.of Slope. With this approval in hand, the applicant could then submit a more detailed design for the restroom that would be reviewed administratively under the Stream Margin Review Standards (26.435.040.C.1). Alternatively, the applicant could wrap both the Top of Slope determination and the Stream Margin Review into a single hearing with P&Z. This option would require that the design and siting of the restroom facility be fully imagined as part of the application. Pending approval, the alternative Top of Slope location will be memorialized in the P&Z Resolution and shall dictate the location of the building envelope. The final location of these attributes will provide clarity for future development within the park. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.304.060.E.3 Public Notice 26.435.040 Stream Margin Review 260435.040.0 Stream Margin Review Standards 26.435.040.E.1-2 Stream Margin — Special Review For your convenience— links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Community Development staff, Engineering Department. PUBLIC HEARING: Yes, with Planning and Zoning 130 South Galena Street Asper. CO 81611-1975 1 P. 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com FEE OPTIONS: Option 1: (This is the Two -Step Process) Step 1— P&Z Review for Top of Slope $3,250: 10-hour deposit $325: Engineering (hourly) $975: Parks Referral (flat) Total Deposit for Step 1: $4,550 Step 2 - Administrative Stream Margin Review PLANNING FEES: $1,300 deposit for 4 hours. Additional planning hours beyond the four (4) hours are billed at $325 per hour REFERRAL FEES: $325 for deposit for 1 hour of Engineering review (Additional engineering hours are billed at a rate of $325/hour). Total Deposit for Step 2: $2,275 Total Combined Deposit for Both Cases: $6,825 Option 2: (This is the One -Step Process All to P&Z) PLANNING FEES: $3,250 deposit for 10 hours. Additional planning hours beyond the ten (10) hours are billed at $325 per hour REFERRAL FEES: $325 for deposit for 1 hour of Engineering review (Additional engineering hours are billed at a rate of $325/hour). Parks Referral, $975 flat Total Deposit: $4,550 APPLICATION CHECKLIST — PLEASE EMAIL APPLICATION TO: haley.hart@citvofaspen.com ❑ Completed Land Use Application and signed Fee Agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ A copy of the existing Top of Slope determination based on the City of Aspen's Stream Margin Map. ❑ A drawing of the proposed alternative Top of Slope as identified by the City of Aspen's Engineering Department on an authorized survey from a Colorado professionally licensed surveyor. D A site improvement survey (no older than a year from submittal) including topography, existing structures, and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. This survey also is required to depict the 100-year flood plain and or flood way, the high-water mark of the roaring fork river and any ditch easement that cross the property. D A written and visual description of the proposal and response to how the proposed development complies with the review standards relevant to the development application Section 26.435.040.0 Stream Margin Review D Site plan and site section depicting the proposed scope of work. D A landscaping plan showing all vegetation to be removed and the replanting plan. D An exterior lighting plan showing low and downcast lights with no lights director toward the river or located down the slope. D HOA Compliance form (Attached to Application) D All approvals and permits as required by State and Federal Review Agencies with purview of the project. Once the copy is deemed complete by staff, the following items will then need to be submitted: D Total fee for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Vp Dewberry EXHIBIT #4 MEMORANDUM DATE: May 24, 2021 To: Michael Tunte & Hailey Guglielmo, City of Aspen FROM: Danny Elsner, PE, CFM SUBJECT: Herron Park Hydraulics Study No -Rise Hydraulic Support The purpose of this project was to determine the potential floodplain impacts for the replacement of the playground equipment at Herron Park, located downstream of Neale Avenue along the Roaring Fork River. The playground equipment is located within the regulatory floodway. This project includes the preparation of a Floodplain Permit based on a no -rise condition. The effective model was received from FEMA on January 19, 2021. This model is from April 2011 and was created in HEC-RAS 4.0. Existing survey of the park and proposed grading and plans were obtained from the City of Aspen's (City) Parks and Open Space department. Herron Park is between cross-section 13679 and 13921 of the effective model. A new cross-section (13873) was added between these two cross -sections so that the existing and proposed park improvements are represented in the model. The existing cross-section was cut from the survey provided by the City and the proposed cross-section was interpolated from the proposed grading, see figures below. The thalweg of the river was lowered to represent the interpolated slopes between the bounding cross -sections. Blocked obstructions 5 feet tall were added to cross-section 13873 in the existing and proposed models. The existing survey and proposed plans were used to approximate the length of the obstructions. It is assumed that the playground equipment will not dislodge in the event of a flood. MEMORANDUM 1 OF 2 The 100-year water surface elevation (WSEL) was compared between the existing and proposed models. The addition of the new cross-section impacts cross-section 13873 through 13969. Results from this modeling using HEC-RAS 4.0 indicate that there will be a no -rise condition between the existing and proposed conditions. The maximum difference in the WSEL at these cross -sections is a decrease of 0.03 feet. Floodway models were created for existing and proposed conditions. The effective floodway boundary was downloaded from FEMA's National Flood Hazard Layer and was used to approximate the encroachment stations at the new cross-section. Per the City's Urban Runoff Management Plan (URMP), the proposed development must not impact the regulatory floodway elevations or widths to obtain a No - Rise certification. Due to the addition of the new cross-section, the existing floodway, along with the proposed floodway, increase from the effective model. However, when comparing the proposed floodway to the existing floodway, the proposed floodway is either at or below the existing floodway. However, the results indicate a no -rise condition for the floodplain and floodway relative to existing conditions and show that the replacement of the playground equipment at Herron Park does not create a negative impact to the existing floodplain and floodway. The tables below summarize the resultant impact to the water surface elevations analysis as well as the floodway analysis using HEC-RAS 4.0. Dewberry MEETING TITLE AGENDA 2 OF 2