HomeMy WebLinkAboutMemo_Herron Park_Stream Margin Review
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MEMORANDUM
TO: Aspen Planning & Zoning Commission
FROM: Kevin Rayes, Planner II
THRU: Amy Simon, Planning Director
MEMO DATE: January 27, 2022
MEETING DATE: February 1, 2022
RE: 108 Neal Avenue | Herron Park | Stream Margin Review and Special
Review to Establish an Alternative Top of Slope, PUBLIC HEARING
Applicant:
City of Aspen Parks Department, Matt Kuhn,
Parks Director
Representative:
Alan Richman, Alan Richman Planning
Services Inc.
Location:
108 Neale Avenue
Herron Park
Current Zoning
Park (P)
Summary:
The applicant plans to replace existing
temporary restrooms at Herron Park with a
permanent public restroom structure. The
application requests Stream Margin Review
and Special Review to establish an
alternative Top -of-Slope, and to memorialize
a building envelope that accommodates the
restroom facilities. The applicant also
requests to establish a second building
envelope that encompasses existing
playground equipment.
STAFF RECOMMENDATION:
Staff recommends the Planning & Zoning
Commission approve Stream Margin Review
and Special Review to memorialize the
proposed Top-of-Slope. Staff also
recommends P&Z approve the development
of a permanent restroom facility. Staff
recommends that P&Z deny the request to
memorialize building envelopes on the
property.
Figure 1: Herron Park Location
Figure 2: Herron Park as Viewed from Neale
Ave.
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REQUEST OF THE PLANNING AND ZONING COMMISSION:
The applicant is requesting the following land use approval:
• Special Review (Pursuant to Land Use Code Section 26.435.040.E): An application
requesting an appeal of the Stream Margin Map’s top of slope determination
requires Special Review by the Planning and Zoning Commission. The Planning
and Zoning Commission is the final review body.
• Stream Margin Review (Chapter 26.435.40): An application for development on a
property within one hundred (100) feet, measured horizontally, from the high-water
line of the Roaring Fork River and its tributary streams, or within the Flood Hazard
Area requires a Stream Margin Review. Development in these areas is subject to
heightened review because they are in an Environmentally Sensitive Area. The
Planning and Zoning Commission is the final review body.
SUMMARY AND BACKGROUND:
Herron Park is owned and maintained by the City of Aspen Parks Department and located within
the Park (P) zone district. The property is approximately 2.45 acres and contains various
improvements, including children’s playground equipment, benches/picnic tables, a bike rack,
trash receptacles and a segment of the Rio Grande Trail. The following figures depict the
improvements located throughout the park.
Figure 3: Herron Park
A
B
C
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A
Figure 3A: Existing Playground
B
Figure 3B: Rio Grande Trail and Surrounding Improvements
C
Figure 3C: Rio Grande Trail, Trash and Restroom Facilities
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Given its proximity to the Roaring Fork River, a large portion of the park is located within the
Stream Margin Review area, which is considered environmentally sensitive and requires
heightened review for development. The City maintains a set of maps depicting properties that
are located within the Stream Margin Review Area. From these maps, the Top-of-Slope of each
property is identified based on the location of the 100-foot-high water line of the river. The Land
Use Code prohibits development (other than approved native vegetation planting) below the Top-
of-Slope or within fifteen feet of the Top-of-Slope or the high-water line, whichever is most
restrictive. This is intended to
protect the existing riparian
vegetation and bank stability.
As depicted in Figure 4, the
Top-of-Slope represented in
the City of Aspen maps is well
above Herron Park. Based on
this map, no development
would be permitted to occur
below this line.
Pursuant to Land Use Code
Section 26.435.040.e, Stream
Margin Review- Special Review, the application requests Special Review to establish an
alternative Top-of-Slope that may be more commensurate to the topography and grade change
of Herron Park. This request is intended to clarify where development and improvements may be
located within the park in the following two locations:
1. Playground Area
A playground has been located on this property for many years. When the equipment was
recently determined to have reached its lifespan and become out of compliance with
current safety codes, the Parks Department proposed replacement. As an existing facility,
the land use code allowed for the playground equipment depicted in Figure 3-A to be
granted administrative approval for Stream Margin Review by the Community
Development Department in the Fall of 2021 (Exhibit B). Construction was completed
shortly thereafter. This equipment is located only a few feet from the Roaring Fork River
and required a “No-Rise Certification” by the Federal Emergency Management Agency
(FEMA) before construction was allowed to commence. This application requests to
establish a building envelope surrounding the equipment to clarify where development may
occur in the future.
2. Restroom Area
The applicant plans to remove the existing
temporary restroom located on the right side of
Figure 3-C and replace it with a more permanent
structure. The application seeks to establish a
building envelope around the restroom as
depicted in Figure 4. A photo of the proposed
bathroom structure is shown in Figure 5.
Proposed
Building
Envelopes
Restroom
Area
Top-of-Slope
per City of
Aspen Stream
Margin Maps
Figure 4: Existing Top-of-Slope & Proposed Building
Envelopes
Figure 5: Proposed Prefabricated
Restroom
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DISCUSSION & STAFF FINDINGS
As mentioned on the previous page, much of the park is located within the Stream Margin Review
Area and any development or improvements that take place are subject to heightened review.
The impetus for this application originated when the Community Development Department and
the Parks Department sought a path to clarify where development and improvements may be
located within the park. Community Development staff requested that Parks apply to establish an
alternative Top-of-Slope and to establish building envelopes that would surround existing
development to provide clarity where future development could occur.
The Engineering Department worked with the applicant to determine an appropriate location for
an alternative Top of Slope. Staff supports the revised location of the alternative Top-of-Slope.
Based on this location, staff also supports the request to replace the existing restroom facility with
a more permanent structure. However, after reviewing the location of the 100-year floodplain as
depicted in the Figure 6, staff no longer supports the concept of memorializing building envelopes
on the property.
The purpose of building envelopes is to clarify the locations where development may occur.
Pursuant to Land Use Code Section 26.435.040.c, development should not occur below, or within
fifteen feet setback uphill from the Top-of-Slope. While the proposed location of Building Envelope
“A” meets the setback requirements, portions of Building Envelope “B” do not.
Additionally, it is important to add that FEMA has identified two potential flood zones within the
park, known as Floodway Zone AE and Zone X. Zone AE represents the area where water would
rise and flow in a manner consistent with the adjacent river during a 100-year flood. Zone X
represents the area that would be inundated by water during the same flood, but flow patterns
would not occur. In other words, Zone AE is more susceptible to dangerous flood patterns than
Zone X, but both zones are at risk of future flooding.
As depicted in Figure 6, the proposed location of Building Envelope “B” is located within Flood
Zone AE. While replacement of the long-established playground was recently approved and
constructed in this area, a “No-Rise Certification” from FEMA confirmed the improvements would
not increase flood heights. The scope of work was also subject to administrative Stream Margin
Review before construction was allowed to commence. Both reviews would be triggered for any
future development in this area. Findings from the reviews could impact the scope of work that
may occur. Similarly, the proposed location for the restroom facility and Building Envelope “A”
are also located within the 100-year floodplain, albeit in a slightly less vulnerable area. While staff
believes it is appropriate to allow for the development of a permanent bathroom facility in this
location (after a No-Rise Certification is obtained), staff does not support memorializing a building
envelope. Establishing Building Envelopes “A” or “B” could lead to a conflicting and ambiguous
outcome if Stream Margin Review or a No-Rise Certificate determine that a project needs to be
altered to accommodate the sensitive area. Staff finds that simply recording the location of the
alternative Top-of-Slope will provide sufficient clarity for future projects within the park.
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RECOMMENDATION:
Staff recommends approval of Stream Margin Review and Special Review to memorialize an
alternative Top-of-Slope, however the full extent of the Top of Slope boundary must be depicted
on the plat before recordation. Staff also recommends approval to construct a permanent
restroom facility upon receipt of a No-Rise Certification. Staff recommends denial of the request
to memorialize a Building Envelopes “A” or “B”. A plat documenting this approval must be
submitted for review and recordation within 180 days, pursuant to land use code Section 26.490.
PROPOSED MOTION:
“I move to approve Resolution #05, Series of 2022 for Stream Margin Review and Special Review
to memorialize the alternative Top-of-Slope, and to approve the development of a permanent
restroom facility subject to the conditions listed in the resolution.
FINANCIAL IMPACTS: N/A
ENVIRONMENTAL IMPACTS: N/A
ATTACHMENTS:
Exhibit A.1 | Stream Margin Review Staff Findings
Exhibit A.2 | Special Review Staff Findings
Exhibit B | Stream Margin Review Administrative Notice of Approval
Exhibit C | Application
FEMA Zone X
Building Envelope,
A (proposed)
Proposed
bathroom
location
Zone AE
(Floodway)
Building
Envelope, B
(Proposed)
Current
Top of
Slope
Alternative Top of
Slope (Proposed)
Figure 6: Current/Proposed Top of Slope, FEMA Flood Zones and Proposed Building
Envelopes