HomeMy WebLinkAboutHerron Park_Stream Margin Review_Notice of Approval
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NOTICE OF APPROVAL
APPROVING A STREAM MARGIN REVIEW EXEMPTION TO MAKE VARIOUS
IMPROVEMENTS AT HERRON PARK, LEGALLY DESCRIBED AS SECTION 7, TOWNSHIP
10, RANGE 84, HERRON PARK.
Parcel ID No. 2737-073-00-860
APPLICANT: City of Aspen, Parks Department
REPRESENTATIVE: Austin Weiss, Parks & Open Space Director
SUBJECT & SITE OF APPROVAL:
The applicant proposes to make several improvements to the City-owned Herron Park, which is located
within a protected Stream Margin Review area. The scope of work includes the replacement of existing
playground equipment, as well as the repair, relocation or removal of fences, benches, and picnic tables.
Bank restoration in selected areas, and installation of new landscaping are also part of the project.
SUMMARY:
The subject property is located within the Park (P) zone district, adjacent to the Roaring Fork River and
thus entirely within the Stream Margin Review Area. A playground currently exists within the southwest
corner of the parcel and has reached the end of its lifecycle.
To move forward, the scope of work must be found to comply 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;
• 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;
• 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:
The City of Aspen Parks and Engineering Departments have provided evidence for the Community
Development Director to make the necessary findings that the work is exempt from further review. Among
the information provided is a “No-Rise Certification” that has been granted for the project by FEMA. Staff
finds that the proposed scope of work meets the criteria to qualify for a Stream Margin Review Exemption,
per section 26.435.040.B, Exemptions.
Replacing the existing playground equipment, as well as repairing, relocating, or removing fences, benches,
and tables do not add floor area to the property. The playground footprint has shifted and enlarged to address
current safety requirements, but it is no closer to the Roaring Fork River and there is no building envelope
established for the Park restricting development zones. The project does not require the removal of any
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tree or increase the amount of ground coverage of structures within the 100-year flood plain from what
currently exists.
DECISION:
The Community Development Director determines that the proposal as represented in the land use
application meets the requirements of a Stream Margin Review Exemption with the following
condition:
1. The proposed riparian and ornamental planting may not proceed without further review by
Community Development to ensure compliance with Stream Margin criteria for planting
taking place below the Top of Slope.
APPROVED BY:
_______________________________________ ________________________
Amy Simon Date
Planning Director
Attachments:
Exhibit A – Application (not recorded)