HomeMy WebLinkAboutExhibit C_ApplicationLAND USE APPLICATION
Project Name and Address: Herron Park Stream Margin Review
Parcel ID #(REQUIRED) 273707300860
APPLICANT:
Name: City of Aspen
Address: 108 Neale Avenue, Aspen, CO 81611
Phone#: 970-429-2029 email: michael.tunte@aspen.gov
REPRESENTIVATIVE:
Name: Alan Richman Planning Services, Inc.
Address: P.O. Box 3613, Aspen, CO 81612
Phone#: 970-920-1125 email:alan@alanplans.com
Description: Existing and Proposed Conditions
See attached letter for complete description of existing and proposed conditions.
Review: Administrative or Board Review
Stream Margin Review and Top of Bank Appeal by P&Z
Required Land Use Review(s):
Stream Margin Review and Top of Bank Appeal by P&Z
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage Lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility squarefootage
Have you included the following?
✓ Pre -Application Conference Summary
✓ Signed Fee Agreement
✓ HOA Compliance form
F71AII items listed in checklist on PreApplication Conference Summary
FEES DUE: $ 41550
April 2020 City of Aspen 1130 S. Galena St.1(970) 920 5090
Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and
Address of Property:
108 Neale Avenue
Please type or print In all cans
Property Owner Name:CltyofAspen Representative Name(ifdifferent from Property owner):Alan Richman
Billing Name and Address - Send Bills to:
City of Aspen Parks Department, Aspen, CO 81611
Contact infoforbilling: e-mail- michael.tunte@aspen.gov phone: 970-429-2029
I understand that the City has adopted, via Ordinance No. 20, Series of 2020, review fees for Land Use applications, and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner, I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees
are non-refundable.
$. 975
flat fee for Parks
$
flat fee for
$.
flat fee for
$,
flat fee for
For deposit cases only: The City and I understand that because of the size, nature, or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review, and presentation of sufficient information to enable legally required findings to be made for project
consideration unless invoices are paid in full.
The City and I understand and agree that invoices sent by the City to the above listed billing address and not returned to the
City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an
invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy, including consequences for non-payment. I agree to
pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does
not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for processing my application at the hourly rates
hereinafter stated.
$ 3,250 deposit for 10 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ 325 deposit for 1 h
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Phillip Supino, AICP
Community Development Director
City Use:
Fees Due: $ Received $
Case #
of Engineering Department staff time. Additional time above the
PRINT Name:
Michael Tunte
Title: Parks Department
April 2020 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090
ICITY OF AsPEN OMMUIVITY DEVELOPMENT DEPARTMENT
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to Include a Homeowner Association
Compliance Form (this form) certifying that the scope of work included in the land use application
complies with all applicable covenants and homeowner association policies. The certification must be
sicn_ the or+ooertv owner orAtfomev reoresenifn_p the omerty owner.
Property Name: City of Aspen
Owner CIT Email: michael.tunte@aspen.gov Phone No.: 970-429-2029
Address of 108 Neale Avenue
Property:
(subject of
application)
I certify as follows: (pick one)
11 This property is not subject to a homeowner association or other form of private covenant.
❑ This property is subject to a homeowner association or private covenant, and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not Interpret, enforce, or manage the
applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I
understand that this document is a public document.
' Owner signature: Date: 12/21/2021
Owner printed name: Mike Tunte
or,
Attorney signature: Date:
Attorney printed name:
lApril 2020 1 City vt' Aspcn 1130 S. St'.1(970) 920 5��0
CITY 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
3.3"x7'
4.2"x9'
3.3"x8'
3.3"x8'
13.7"x22'
3"x7'
2.8"x6'
43.2"x60'
16.4"x30'
13.75"x20'
7"x15'12.5"x21'
19.5"x35'
16.7"x30'20.5"x38'
22.4"x40'
10.8"x20'
20.6"x38'
20.6"x38'
15.3"x25'
20.2"x32'
20.2"x37'
10.2"x20'21.2"x39'
21.3"x40'
22"x40'
14.5"x27'14.7"x28'8.6"x17'
7.1"x14'10"x20'
8.1"x15'
21.4"x40'
6.8"x13'
16.6"x31'
25"x43'
9.8"x20'
13.3"x22'
13.1"x22'
12.3"x'
12.2"x20'11.9"x21'
6.2"x12'
17.3"x34'
17.8"x35'
15.2"x30'
16"x33'
31.4"x40'
7.5"x14'
13.4"x24'6.8"x12'
14.3"x28'
15"x30'
14"x25'8.5"x16'
12.7"x22'
14.8"x20'
10.7"x20'7.4"x14'
6"x12'
6.9"x13'
13.1"x20'
22.5"x30'
12.6"x21'
16.1"x32'
3.2"x10'
x
x
x
x
x
x
x
x
x
x
x
4-5.5"x10'
7
8
9
4
7893
7
8
9
5
789
6
789
7 789
8
789
9
7899
7892
789
1
78
8
9
789
0
7
8
8
8
ZO
N
E
A
E
(
F
L
O
O
D
W
A
Y
)
ZO
N
E
A
E
Z
O
N
E
X
(
0
.
2
%
)
Z
O
N
E
A
E
Z
O
N
E
X
(
O
U
T
S
I
D
E
0
.
2
%
)
Z
O
N
E
X
(
0
.
2
%
)
PLAYGROUND
(B
A
S
I
S
O
F
B
E
A
R
I
N
G
S
)
N
1
4
°
1
8
'
5
4
"
E
1
2
8
.
2
8
'
LOT 2
114NEALE/17 QUEEN
HISTORIC LOT SPLIT
17 QUEEN STREET
(POSITION NOT FIELD
VERIFIED)
NEA
L
E
A
V
E
N
U
E
PUB
L
I
C
R
I
G
H
T
-
O
F
-
W
A
Y
R
O
A
R
I
N
G
F
O
R
K
R
I
V
E
R
HERRON PARK PLACE
CONDOMINIUMS
BK.49 PG.84
(TO GPS-5 TIE ONLY) S88° 32' 00"W 1382.15'
EDGE OF WATER
1998-1999 FIELD SURVEY
ROARING FORK RIVER
789
7
7898
7896
789
5
7894
7893
7892
78
9
1
7
8
9
0
78
8
9
7
8
9
6
7
8
9
5
7
8
9
4
EDGE OF
ASPHALT (TYP)
789
5789
478
9
3789
2
7891
788
3
788
4
788
6
7885
7887
788
8
789
0
7
9
0
0
79
0
5
7902
79
0
1
790
0
7
8
9
9
7899
7
9
0
0
7
9
0
1
7
9
0
2
7
9
0
3
7
9
0
4
7
9
0
5
79
0
6
7
9
0
7
7
9
0
8
7
9
0
9
79
1
0
7
9
1
1
7
9
1
2
7
9
1
3
7
9
1
4
79
1
5
7916
79
1
7
79
1
8
79
1
9
79
2
0
79
2
1
792
2
79
2
3
79
2
4
79
2
5
79
2
6
79
2
7
7
9
2
5
7
9
2
0
7
9
1
5
7905
7
9
1
0
7919
79
1
5
79
1
4
79
1
3
7
9
1
2
79
1
1
79
1
0
7
9
0
9
7
9
0
8
7907
79
0
6
78
9
2
7
8
9
3
789
1
7
8
9
2
7
8
9
3
7
8
9
4
7
8
9
5
78
8
8
78
8
9
78
9
0
7885
7887
788
8
78
9
0
7
8
9
0
7
8
9
1
7
8
8
9
7
8
9
2
7890
788
9
788
8
78
8
7
7
8
8
6
7
8
8
5
7
8
8
4
78
8
3
78
9
1
78
9
2
78
9
3
7
8
9
4
78
9
4
7
8
9
5
78
9
6
789
7
78
9
8
789
9
79
0
0
790
1
79
0
2
790
3
79
0
4
79
0
5
CURRENT TOP OF BANK PER CITY OF ASPEN
PLANNING REVIEW MAP DETERMINED FROM
UPSTREAM AND DOWNSTREAM FIELD SHOT
TOP OF BANK LOCATIONS AND ELEVATIONS
AND INTERPOLATING TOP BANK LINE WITH
GIS CONTOURING.
SEE SURVEY NOTE 12
HERRON PARK
CITY OF ASPEN
CITY OF ASPEN APPROVED
TOP OF SLOPE
PER THIS STREAM MARGIN
REVIEW/SITE PLAN
Eoe
oe
oe
oe
oe
oe
oe
T
T
PATH ENTRY STAIRS
RIO GRANDE
TRAILBUILDING ENVELOPE B
PER THIS STREAM
MARGIN REVIEW/SITE
PLAN
15.00'
BRIDGE
BRIDGE
FOUND #5 REBAR AND
1.25" CAP L.S. #20133
FOUND #5 REBAR AND
1.25" CAP L.S. #2376
FOUND #5 REBAR AND
1.25" CAP L.S. #2376
FOUND #5 REBAR AND
1.25" CAP ILLEGIBLE
PROPOSED
RESTROOM
FOOTPRINT
BUILDING ENVELOPE A
PER THIS STREAM MARGIN
REVIEW/SITE PLAN
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311 SOPRISENG@SOPRISENG.COM 1/3/2022 - 31015.01 - G:\2021\31015-HerronPark\SURVEY\Survey DWGs\Survey Plots\31015_STREAMREVIEW.dwg
GENERAL UTILITY NOTES:
The locations of underground utilities have been plotted based on utility maps,
construction/design plans, other information provided by utility companies and actual
field locations in some instances. These utilities, as shown, may not represent actual
field conditions. It is the responsibility of the contractor to contact all utility
companies for field location of utilities prior to construction.
STREAM MARGIN SITE IMPROVEMENT PLAT OF:
HERRON PARK, CITY OF ASPEN PARKS AND OPEN SPACE
LOCATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M., CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
SHEET 1 OF 1
EXISTING TREE LEGEND
INDICATES PINE TREE
INDICATES A DECIDOUS TREE
EXISTING FIRE HYDRANT
EXISTING WATER VALVE
EXISTING TELEPHONE PEDESTAL
EXISTING LIGHT POLE
EXISTING GUY ANCHOR
UTILITY LEGEND
SURVEY NOTES
1)DATE OF FIELD WORK: MAY-JULY 2016; FEBRUARY 2021; SITE VISIT DECEMBER 2021
2)DATE OF PREPARATION: DECEMBER 2021 - JANUARY 2022
3)LINEAR UNITS: THE LINEAR UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S.
SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL
INSTITUTE OF STANDARDS AND TECHNOLOGY.
4)BASIS OF BEARINGS: BEARINGS ARE BASED ON THE 2009 MARCIN ENGINEERING-CITY OF
ASPEN CONTROL MAP, WHICH ESTABLISHED A PROJECT BEARING BASE OF N.14°18'54"E.
ALONG THE WESTERLY BOUNDARY LINE OF HERRON PARK CONDOMINIUMS, AS SHOWN
HEREON.
5)THIS SURVEY MAP IS A COMPILATION OF CURRENT AND PREVIOUS SURVEY DATA AND IS
CONSIDERED CURRENT INSOFAR AS THE FIELD DATA SHOWN (PARTIAL FIELD SURVEY). THIS
SURVEY MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED IN
ANY WAY AS A BOUNDARY SURVEY.
6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO
DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. NO TITLE COMMITMENT WAS USED
IN THE PREPARATION OF THIS SURVEY.
7) PARCEL DESCRIPTION: PITKIN COUNTY PARCEL NO. 273707300860
8)BASIS OF ELEVATION: THE 1998 CITY OF ASPEN DREXEL BARREL CONTROL DATUM, WHICH IS
BASED ON AN ELEVATION OF 7720.88' (NAVD 1988) ON THE NGS STATION "S-159".
9)CONTOUR INTERVAL: ONE (1) FOOT. CONTOURS SHOWN WERE PROVIDED BY THE CITY OF
ASPEN GIS DEPARTMENT, BASED ON AERIAL WORK PERFORMED IN 2020.
10)THE FLOOD ZONES SHOWN HEREON ARE FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY FLOOD INSURANCE RATE MAP (FIRM) NUMBER 08097CO354E MAP REVISED
AUGUST 15, 2019. PLEASE REFER TO THE FIRM FOR FLOOD ZONE DEFINITIONS.
11) PARKING, SIDEWALKS, STORM FEATURES STAIRS AND STRIPING ON THE NORTHWEST SIDE
OF NEALE AVE. ARE FROM 2014 JR ENGINEERING DESIGN DRAWINGS, VERIFIED IN THE
FIELD (NOT FIELD SURVEYED). NEW PLAYGROUND, PATH AND ENTRY STAIRS FROM DESIGN
DRAWINGS PROVIDED BY CITY OF ASPEN PARKS (NOT FIELD SURVEYED).
12) THE CURRENT TOP OF BANK IS SHOWN HEREON, AS SHOWN ON THE PLANNING REVIEW
MAP OF ROARING FORK RIVER CROSS SECTIONS/STREAM MARGIN REVIEW LINE PREPARED
BY SOPRIS ENGINEERING LLC FOR THE CITY OF ASPEN DATED APRIL 9, 2001 AND UPDATED
FEBRUARY 26, 2002
AREA OF FLOODWAY AREA IN ZONE AE PERFIRM REFERENCED IN SURVEY NOTE 10
PROPERTY DESCRIPTION
PARCEL NO. 273707300860
HERRON PARK AND A PORTION OF THE NEALE STREET RIGHT-OF-WAY IN THE CITY OF ASPEN,
COLORADO
CONTAINING 2.44 ACRES± ACCORDING TO PITKIN COUNTY ASSESSOR'S OFFICE
DRAFT
SURVEYOR'S STATEMENT
I, MARK S. BECKLER, DO HEREBY STATE THAT THIS SURVEY WAS PREPARED BY SOPRIS
ENGINEERING, LLC FOR THE CITY OF ASPEN, COLORADO PARKS DEPARTMENT AND
THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
__________________________
MARK S. BECKLER L.S. NO. 28643
4,514
752.3
Legend
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet0752.3376.17
Notes
Herron Park Vicinity Map
THIS MAP IS FOR INFORMATIONAL PURPOSES.
Pitkin County GIS makes no warranty or guarantee
concerning the completeness, accuracy, or reliability
of the content represented.
Map Created on 2:48 PM 01/03/22 at http://www.pitkinmapsandmore.com
State Highway
Road Centerline 4K
Primary Road
Secondary Road
Service Road
Rivers and Creeks
Continuous
Intermittent
River, Lake or Pond
Town Boundary
Federal Land Boundary
BLM
State of Colorado
USFS