HomeMy WebLinkAboutLot 11 Callahan Subdivision_Memo_Stream Margin Review_P&Z
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MEMORANDUM
TO: Aspen Planning & Zoning Commission
FROM: Kevin Rayes, Planner
THRU: Amy Simon, Planning Director
RE: Lot 11 Callahan Subdivision: Stream Margin Review
MEETING DATE: June 15, 2021
Applicant:
North Clove, N.V., a Curacao Corporation
as successor to North Clove N.V., a
Netherlands Antilles Corporation
Representative:
Chris Bendon, Bendon Adams, 300 So.
Spring St. #202, Aspen, CO 81611
Location:
#TBD, Crystal Lake Road, Aspen, CO
81611, Legally described as Lot 11,
Callahan Subdivision, recorded May 19,
1976, in plate books 5 at page 7 and first
amendment thereto recorded August 17,
1977, in plat book 6 at page 16 and
second amended plat recorded October 4,
1982, in plat book 13 at page 92. County
of Pitkin. State of Colorado.
Current Zoning:
Moderate Density Residential (R-15) with a
Planned Development (PD) overlay
Summary:
The subject lot is located within the Stream
Margin Review area of the Roaring Fork
River and is currently undeveloped. The
applicant is conducting due diligence
regarding the development rights of the
property and requests Special Review for
an alternative Top-of-Slope determination
from what is specified by the City of Aspen
Stream Margin Map, and a concurrent
Stream Margin Review based on the newly
established Top-of-Slope. No development
or improvements are proposed as part of
this application.
Staff Recommendation:
Staff recommends the Planning & Zoning
Commission approve the proposed Alternative
Top-of-Slope and associated Stream Margin
Review with the condition set forth on Page 4 of this
memo. If P&Z approves this application, the new
Top-of-Slope will be recorded in a plat. A
subsequent Stream Margin Review will be required
if any future development is proposed within the
Stream Margin Review area of the property.
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Figure 1: Subject Property Location
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REQUEST OF THE PLANNING AND ZONING COMMISSION:
The Applicant is requesting the following approval from the Planning and Zoning Commission:
• Stream Margin Review (Land Use Code Section 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. Although no development
is proposed at this time, any future improvements on this lot will be subject to
heightened review because of the proximity to the Environmentally Sensitive Area.
An application for a Stream Margin review is typically reviewed administratively, but
because the review is contingent on the Top-of-Slope determination, the applicant
requested to include the review in a one-step review process by the Planning and
Zoning Commission to simplify the process. The Planning and Zoning Commission
is the final review body.
• Special Review (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.
BACKGROUND:
The Callahan Subdivision and Planned Development (PD) was approved in 1976. Lot 11 sits
adjacent to the Roaring Fork River and is located within the Moderate Density Residential (R-15)
zone district. The property is currently vacant with
no previous development history. Given its proximity
to the Roaring Fork River, a large portion of the lot
is located within the Stream Margin Review area,
which is considered environmentally sensitive and
requires heightened review for any development
proposed in the area. 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 2, two flood zones exist on the
lot. The 100-foot high water line setback and the
Top-of-Slope identified by the City of Aspen Stream
Margin map intersect with Special Flood Zone X.
The applicant requests an alternative Top-of-Slope
determination and Stream Margin Review to provide
clarity on the development rights associated with the
property. No development or improvements are
proposed as part of this request.
Special
Flood Zone X
Top-of-Slope Per
City of Aspen 15’ Top-of-
Slope Setback
Flood
Zone AE
Figure 2: Top-of-Slope Memorialized
Via City of Aspen Stream Margin Map
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PROJECT SUMMARY:
Properties located within 100 ft. of
the high-water line of the Roaring
Fork River are subject to Stream
Margin Review pursuant to Land
Use Code section 26.435.40,
Stream Margin Review.
According to the application, the
City’s mapping of the 100-ft. setback
does not correlate with the site
topography, vegetation conditions or
the location of Special Flood Zone X.
Pursuant to Land Use Code Section
26.435.040.E, Special Review, the
applicant may request an alternative
Top-of-Slope that more accurately
reflects site conditions and the
topography of the lot.
The proposed alternative Top-of-
Slope is identified in blue in Figure 3.
The applicant posits that the
proposed Top-of-Slope is more
consistent with onsite conditions
because it responds to site
topography, existing native
vegetation and avoids Flood Zone X
and Flood Zone AE.
STAFF COMMENTS:
Staff finds the application meets the Stream Margin Review Standards set forth in Land Use
Code Section 26.435.040.C and the Special Review Standards set forth in Land Use Code
Section 26.435.040.E (Exhibits A.1 & A.2 respectively). The Top-of-Slope identified by the City
of Aspen Stream Margin map is inconsistent with actual conditions onsite. Figure 4 shows the
existing and proposed Tops-of-Slope as they relate to onsite conditions.
The Top-of-Slope identified in the City of Aspen stream margin map is based solely on distance
from the Roaring Fork River but does not adequately respond to the topography, flood zones or
riparian areas of the lot. Alternatively, the applicant’s proposed Top-of-Slope avoids riparian
habitat and maintains several feet of distance from the flood zones on the property. The
proposed Top-of-Slope is based on a report included in the application from SGM Engineering
which comments on the locations of floodplain Zone X and AE, as well as the existing slope and
topography of the parcel. Additionally, City of Aspen staff conducted a site visit with the applicant
to confirm on-site conditions. Top-of-Slope determination was submitted by a licensed survey
and referred to the City of Aspen Engineering Department for Review.
Areas below (riverside) of the proposed Top-of-Slope delineation will not be disturbed. Areas
above (upslope) of this line will be subject to setback limitations.
Special
Flood Zone
X
Top-of-Slope Per
City of Aspen
Flood Zone AE
Proposed
Top-of- Slope
Figure 3: Proposed Alternative Top-of-Slope
Compared to Top-of-Slope Identified by City of Aspen
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As previously mentioned, this analysis has been conducted as a courtesy to the applicant for
the purpose of due diligence. An official wetland delineation will be required to confirm the
locations of all floodplains. Any development proposed in the future that is located within the
Stream Margin Review Area is subject to all Stream Margin Review standards. A subsequent
alternative Top-of-Slope may be required pending any new findings that were not clear as part
of this review. A condition of approval is included to ensure all future Stream Margin
requirements are met.
RECOMMENDATION
Staff recommends the Planning and Zoning Commission (P&Z) approve this application
with the following condition:
1. A subsequent land use application for Stream Margin Review shall be required for any
development proposed within the Stream Margin Review area on this property. As part of the
application, a professional wetland delineation must be performed to confirm the location of all
flood zones on the property. Any findings that were not clear as part of this review may require
a subsequent alternative Top-of-Slope to be established.
ATTACHMENTS:
Resolution #___, Series of 2021
Exhibit A.1 – Stream Margin Review Standards | Staff Findings
Exhibit A.2 – Special Review | Alternative Top-of-Slope Review Standards | Staff Findings
Exhibit B – Application
Figure 4: Existing and Proposed Tops of Slope Compared to On-Site Conditions