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Stream Margin Review Code Amendments
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A094-01
Stream Margin Review Code Amendments
James Lindt
Code Amendment
City of Aspen Community Development Department
12/17/01
Ordinance # 45-2001
Approved
12/19/01
J. Lindt
PARCEL ID: DATE RCVD: 9/28/01 # COPIES: F— CASE NO A094-01
CASE NAME: Stream Margin Review Code Amendments PLNR: IJames Lindt
PROJ ADDR: CASE TYP: I Code Amendment STEPS:
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OWN/APP: City of Aspen Comm ADRI 130 S. Galena St. C/S2: Aspen/CO/81611 PHN: 920-5090
REP: ADR: C/S/Z: PHN:
FEES DUE: None FEES RCVD: I None STAT: r
REFERRALS
REF:— BYF— DUE:
MTG DATE REV BODY PH NOTICED
F— F— F DATE OF FINAL AC'
CITY COUNCIL:
REMARKS.
PZ:
CLOSED: BY: i BOA:
�, L-I DRAC:
PLAT SUBMITD: PLAT (BK,PG): ADMIN:
-Zb0 I
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: V \ L ,Aspen, CO
SCHEDULED PUBLIC HEARING DATE:ZZ " - �
300
STATE OF COLORADO )
) SS.
County of Pitkin )
1, \, ) C, 0- l ,C-- S %—( iA PY 7- (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of'notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least ten (10) days
prior to the public hearing and was continuously visible from the _c ay of
200_, to and including the date and time of e public
hearing. A photograph of the posted notice (sign) is attached heret .
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the
public hearing, notice was hand delivered or mailed by first class, postage prepaid
U.S. mail to all owners of property within three hundred (300) feet of the property
subject to the development application, and, at least fifteen (15) days prior to the
public hearing, notice was hand delivered or mailed by first class postage prepaid
U.S. mail to any federal agency, state, county, municipal government, school,
service district or other governmental or quasi -governmental agency that owns
property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no tr6re than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or test amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
I—M-01 -- -ft I'd
tLI
The foregoing "Affidavit of Notice" was acknowledged before one this Say
of �ov . , 200 1 , by S I-V--)
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
IS- .oTA.1�y
Notary Public
PUBLI NOTICE
RE: CITY OF ASPEN D USE CODE AMEND-
STREAM MARGfN RE
MENT: SECTION 26.435.
VIEW PROCESS, AND SE ON 26.435.020, AU-
OT".dt. I
'��77
THORiTY
NOTICE IS HEREBY GIVEN that a public hearing
S
will be held on December 17. 2001, at a meeting -,
to begin at 6:00 P.M. before the Aspen City COun-
�`
.
cll, Council Chambers, City Hall 130 South Gale- . �'�
Aspen, to consider an applicationityD submitted �, w
C...........•' S
na,
by the City of Aspen Community Development • ATTACHMENTS•
approval for a proposed
Department, requesting
code amendments to Land Use Code Section
Section 26.435.040,
26.435.020, Authority, and
Stream Margin Review. The request is to convert .OPY OF THE PUBLICATION
the Stream margin Review Process from a one
step land use review by the Planning and Zoning
land use review
Commission to an administrative
by the Community Development Director. ' he 4PH OF THE POSTED NOTICE (SIGN)
would also reorganize the
Code Amendments
Stream Margin Review section and adopt a map
of the Stream Margin Top of Slope of the Roaring
Fork River as the official top of slope for the put ?SAND GO VERMVIENTAL AGENCIES NOTICED
poses of Stream Margin Reviews.
For furthAspen/ information
elopmenes ttat De- B Y MAIL
the Aspen/ / CommunitycDe
130 South Galena St., Aspen, CO (970)
paztment,
3205104, Jamesl® s/Helen Kalin Klanderud, Mayor
�spen City Council
Published In 7 he Aspen Times on December 1.
2001.(8150)
MEMORANDUM V t1c.
To: Mayor Klanderud and City Council
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: James Lindt, Planning Technician J1,
RE: Proposed Amendments to the Stream Margin Review Process and Review
Standards, Section 26.435.040 — Code Amendment. Public Hearing, "2nd
Reading" of Ordinance No. 45, Series of 2001
DATE: December 17, 2001
APPLICANT:
City of Aspen Community Development Department
PROPOSED AMENDMENT:
The Community Development Staff proposes to amend the Stream Margin Review Process
with the overall intent of clarifying and streamlining the review process. The proposed
amendments to Section 26.435.040, Stream Margin Review, are intended to change the
Stream Margin Review process for properties only on the Roaring Fork River from a
Planning and Zoning Commission process to an administrative review process in order to
handle what staff feels is a "technical' review more suited for staff review versus the more
substantial, quasi-judicial reviews by the Planning and Zoning Commission.
This change will also have a secondary benefit of freeing up agenda space and saving
applicants the unnecessary time and money of going through a board review process. The
Stream Margin Review Standards are also proposed to be changed to utilize a newly created
map of the Roaring Fork River to determine top of slope and mean high water line for the
properties along the Roaring Fork River. Other amendments in this section are proposed to
update, reorganize and clarify the current review standards.
SUMMARY:
The Community Development Department Staff is proposing code amendments to Section
26.435.040, Stream Margin Review, to change the stream margin review from a Planning and Zoning
Commission Review to an Administrative Review by the Community Development Director. The
Planning and Zoning Commission has reviewed the proposed code amendments and unanimously
recommended that City Council approve them.
As a work program item, City Council directed staff to have the top of slope and high water line of
the Roaring Fork River mapped from the eastern edge of the City limits to the Slaughter House
Bridge on the western City limits. The aforementioned map is proposed to be adopted and utilized to
determine the top of slope and the high water line on all Stream Margin Review Applications. A
process to appeal the map determination of the top of slope is also put in place through the proposed
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code amendments. The proposed amendments also include a reorganization of the existing review
standards but not a substantial change to them.
The Stream Margin Review Standards are mainly technical in their existing state and require an
applicant to meet set requirements that are not subjective or discretionary. Because of the objective
nature of the standards, staff believes that the Stream Margin Review Process for properties on the
Roaring Fork River could be reviewed as effectively and accurately at an administrative level.
Therefore, the Community Development staff proposes the following code amendments to the Stream
Margin Review Section of the City of Aspen Land Use Code.
Process:
Amendment to the Land Use Code and Official Zone District Map
➢ To determine if the application meets the standards for an amendment to the code
text or official zone district map.
➢ Planning Commission makes a recommendation to City Council.
➢ City Council either approves, denies, or amends and approves the proposed text.
Review
In reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
➢ Staff Finding:
o The changes regarding the proposed amendment would be
made throughout Title 26 so as not to cause a conflict in how
the text reads or what it means. Process changes will be made
throughout the land use code, no conflict is created in that
regard. The section will be reorganized to make it more user
friendly and logically organized.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
➢ Staff Finding:
o Staff feels that the proposed amendments will continue to
yield as thorough of a review of the stream margin review as
that currently in place. The protection of environmentally
sensitive areas as desired by the AACP will still be
accomplished By cutting the number of steps in the stream
margin review process for properties on the Roaring Fork
River, staff feels that it will be more efficient for the applicant
and will save money and time of going through a public
review process. Staff also believes that by utilizing the new
Stream Margin Review Map as the official top of slope and
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high water determinations for properties on the Roaring Fork
Rivers, that much of the conflict and dispute between the City
and the applicant over these determinations will be alleviated
Staff believes that the Stream Margin Review Map generated
by Sopris Engineering is accurate and that substituting it for a
private surveyor's work will not compromise the quality of the
review of the stream margin standards.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
➢ Staff Finding:
o Staff finds that the proposed amendment is compatible with
the surrounding zone districts and land uses, and will not
change the characteristics of the neighborhood. The land use
pattern will not change, as the stream margin review
standards for the zone districts will not be affected. The
review process will be more efficient and streamlined with the
same outcome as today's regulations would yield.
D. The effect of the proposed amendment on traffic generation and road safety.
➢ Staff Finding:
o There will be no effector negative impacts of these proposed
amendments on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
➢ Staff f Finding:
o The proposed amendments will not result in changed
demands of public facilities.
F Whether the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
➢ Staff Finding:
o Staff finds the proposed amendments will not have a
significant impact on the natural environment. Staff feels that
the Stream Margin Review Standards are objective enough
that there is not a lot of decision -making involved in the
stream margin review process. There should be no difference
in the impact on the environment if staff is reviewing an
application as opposed to the Planning and Zoning
Commission reviewing the same application. Many of the
conditions of approval on Stream Margin Reviews are asked
for by the referral agencies and are standard conditions of
approval. Staff still intends to refer Stream Margin Review
Applications to the other pertinent City departments and place
conditions on the administrative approvals of Stream Margin
Reviews. The proposed code amendments shall have no
impact on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
➢ Staff Finding:
o Stafffinds that the proposed amendment will not effect the
community character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
➢ Staff Finding:
o Staff finds that no specific subject parcel or specific
neighborhood is the subject of this code amendment and
therefore the criterion does not apply.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
➢ Staff Finding:
o Staff finds that the proposed amendment will not conflict
with the public interest. Staff feels that the proposed changes
in the Stream Margin Review Process will be to the benefit of
the public. An administrative process will be more efficient
and save applicants time because it alleviates the need to wait
to get on a Planning and Zoning Commission Agenda. The
proposed amendment would also free up Planning and
Zoning Commission Agenda time that can be used to review
and handle other types of land use reviews. Staff believes
that applicants will be more informed about their
development potential in stream margin areas on the Roaring
Fork River prior to going through the review if the Stream
Margin Map, generated by Sopris Engineering, is adopted as
the official top of slope and high water lines for the Roaring
Fork River. This will benefit the public interest.
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Staff is proposing to amend all the sections in the Aspen Land Use Code that
referenced the process of a Stream Margin Review. Staff proposes to repeal Section
26.435.040, Stream Margin Review, in it's entirety and replace it with the following
Code Language. The following proposed language accomplishes the following four
objectives, (1) reorganizes the Stream Margin Review Section into a logical sequence,
(2) gives the Community Development Director Review Authority for Stream Margin
Review on properties located on the Roaring Fork River, (3) adopts the Stream Margin
Map as the top of slope for properties on the Roaring Fork River, and (4) sets up a
process for the appeal of the Community Development Director's determination.
Proposed new language is italicized and in bold. Language in the current Stream
Margin Review Section that is not new but is being reorganized is not italicized in the
following proposed code language.
26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high water line
of the Roaring Fork River and its tributary streams, and to all development within the 100-
year flood plain.
B. Exemptions. The Community Development Director may exempt the following types
of development within the Stream Margin Review area:
1. Construction of pedestrian or automobile bridges, public trails, or structures for
irrigation, drainage, flood control or water diversion, or bank stabilization,
provided plans and specifications are submitted to the City Engineer
demonstrating that the structure is engineered to prevent blockage of drainage
channels during peak flows and the Community Development Director
determines the proposed structure complies, to the extent practical, with the
Stream Margin Review Standards.
2. Construction of improvements essential for public health and safety which
cannot be reasonably accommodated outside of the "no development area"
prescribed by this Section including, but not limited to, potable water systems,
sanitary sewer, utilities, and fire suppression systems provided the Community
Development Director determines the development complies, to the extent
practical, with the Stream Margin Review Standards.
3. The expansion, remodeling, or reconstruction of an existing development
provided the following standards are met:
a. The development does not add more than ten (10) percent to the floor
area of the existing structure or increase the amount of building area exempt
from floor area calculations by more than twenty-five (25) percent. All
stream margin exemptions are cumulative. Once a development reaches these
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totals, a Stream Margin Review by the Community Development Director or
the Planning and Zoning Commission is required; and,
b. The development does not require the removal of any tree for which a permit
would be required pursuant to Chapter 13.20 of the Municipal Code.
c. 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;
i. The development does not fall outside of an approved building
envelope if one has been designated through a prior review; and
ii. The expansion, remodeling or reconstruction will cause no increase to
the amount of ground coverage of structures within the 100 year flood
plain.
C. Stream Margin Review Standards. No development shall be permitted within the
Stream Margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set forth
below. No Development shall be permitted within the Stream Margin of the tributaries of
the Roaring Fork River unless the Planning and Zoning Commission makes a
determination that the proposed development complies with all requirements set forth
below.
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; and
2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open
Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in
the proposed plan for development, to the greatest extent practicable. Areas of
historic public use or access shall be dedicated via a recorded easement for public
use. A fisherman's easement granting public fishing access within the high water
boundaries of the river course shall be granted to the greatest extent possible via a
recorded "Fisherman's Easement;" and,
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 Section 26.435.040(F)(1).
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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; and
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; and
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; and
7. Copies are provided of all necessary federal and state permits relating to work
within the one -hundred -year floodplain; and
8. There is no development other than approved native vegetation planting within
fifteen (15) feet back 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.
9. All development outside the fifteen (15) foot setback from the top of slope does
not exceed a height delineated by a line drawn at a forty-five (45) degree angle
from ground level at the top of slope. Height shall be measured and determined by
the Community Development Director using the definition for height set forth at
Section 26.04.100 and method of calculating height set forth at Section
26.575.020, as shown in Figure "A".
45 degree
progressive
height
limit I
cio
Top of
Slope� ..._,. -. ..
n
_ LJ
15 Foot
Setback
_. Figure "A"
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10. All exterior lighting is low and downcast with no light(s) 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; and
11. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3)
D. Appeal of Director's Determination.
An appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination made by the Community Development
Director, shall be reviewed as a Special Review pursuant to subsection E, below. In
this case, the Community Development Director's finding shall be forwarded as a
recommendation and a new application need not be filed.
E. Special Review.
An application requesting a variance from the Stream Margin Review Standards, or
an appeal of the Stream Margin Map's top of slope determination, shall be
processed as a Special Review in accordance with Common Development Review
Procedure set forth in Section 26.304. The Special Review shall be considered at a
public hearing for which notice has been published, posted and mailed, pursuant to
Section 26.304.060(E)(3)(a b, and c). Review is by the Planning and Zoning
Commission.
A Special Review from the Stream Margin Review Determination may be approved,
approved with conditions, or denied based on 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
2. The proposed development meets the Stream Margin Review Standards) upon
which the Community Development Director had based the finding of denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permit for a property within the stream rma,, is review
area, the following mist be submitted:
1. The applicant shall record a site improvement plat with topography prepared
by a Colorado licensed, professional surveyor showing the building envelope
determined by the Community Development Director based on the Stream
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Margin Review Map located in the Community Development Department.
2. Site sections drawn by a registered architect, landscape architect, or engineer
shall be submitted showing all existing and proposed site elements, the top of
slope, and pertinent elevations above sea level.
The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain
in place until the issuance of Certificates of Occupancy.
Section 26.435.020, Authority, must also be amended to be consistent in giving the
Community Development Director the review authority in Stream Margin Reviews on
the Roaring Fork River. The section is stated below with the old language having a
"strike out" through it and the new language documented in bold and italics , as
follows:
Original Text:
26.435.020 Authority.
Following the receipt of a recommendation from the Community Development
Department, the Planning and Zoning Commission, in accordance with the procedures,
standards and limitations of this Chapter, shall by resolution approve, approve with
conditions, or disapprove a development application for development in an environmentally
sensitive area (ESA).
The Community Development Director, in accordance with the procedures, standards
and limitations of this Chapter, shall approve, approve with conditions, or disapprove a
development application for exempt development in an environmentally sensitive area (ESA).
New Text:
26.435.020 Authority.
Following the receipt of a recommendation from the Community Development
Department, the Planning and Zoning Commission, in accordance with the procedures,
standards and limitations of this Chapter, shall by resolution approve, approve with
conditions, or disapprove a development application for development in an environmentally
sensitive area (ESA), with the exception of development within a stream margin of the
Roaring Fork River. Development within a stream margin of the Roaring Fork River shall
be reviewed by the Community Development Director. The Community Development
Director, in accordance with procedure, standards, and limitations of this Chapter, shall
approve, approve with conditions, or disapprove an application for development in the
stream margin.
The Community Development Director, in accordance with the procedures,
standards and limitations of this Chapter, shall approve, approve with conditions, or
disapprove a development application for exempt development in an environmentally
sensitive area (ESA).
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Staff concludes that the proposed code amendments to the Stream Margin Review
Process have been reviewed per Section 26.310.040 Standards of Review. Staff finds
that the proposed amendments will make the review process more efficient for both
applicants and the City of Aspen without compromising the thoroughness or
importance of the Stream Margin Review. Staff feels that by adopting the Stream
Margin Map as the official determination of top of slope and high water line, it will rid
the stream margin review process of subjective determinations in regards to this
matter. This will enable the review process to be approved at an administrative level
because the review will be completely based on whether or not the applicant meets the
standards much like the review of Accessory Dwelling Units are currently handled.
The Planning and Zoning Commission recommends that the City Council approve the
proposed code amendments to the stream margin review section as proposed.
STAFF RECOMMENDATIONS
Staff recommends approval of the Proposed Code Amendments to Section 26.435, Stream
Margin Review, that will allow for the Community Development Director to be the review
authority on Roaring Fork River Stream Margin Review Applications and the adoption of the
Stream Margin Map as the official determination of top of slope and high water line.
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Planning and Zoning Commission recommended by a 7 to 0 vote that City Council
approve the Proposed Code Amendments to Section 26.435, Stream Margin Review.
Recommended Motion:
"I move to approve Ordinance No.45 Series of 2001, approving Code Amendments to the City
Land Use Code that will reorganize the Stream Margin Review Section, give the Community
Development Director decision -making authority on Roaring Fork River Stream Margin
Review Applications and the adoption of the Stream Margin Map as the official determination
of top of slope and the high water line for properties on the Roaring Fork River.
ATTACHMENTS:
Exhibit A- Planning and Zoning Commission Resolution No. 43, Series of 2001.
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CITY COUNCIL AGENDA
December 17, 2001
5:00 P.M.
4:00 Executive Session - Property Acquisition/Bar/X Annexation
I. Call to Order 1 l IA V O
II. Roll Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the Day
a) Mayor's Comments
b) Councilmembers' Comments
c) City Manager's Comments
d) Board Reports
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Resolution #118, 2001 - Policy Regarding Signage on Public Property
b) Resolution #119, 2001 - Wind Energy Agreement - Platte River Power Authority
c) Resolution #120, 2001 -Acceptance of a Bargain and Sale Deed
VII. First Reading of Ordinances
a) Ordinance #50, 2001 - Amendment to Housing Guidelines
b) Ordinance #51, 2001 - Code Amendment - GMQS/Time Share
c) Ordinance #52, 2001 - Aspen Mountain PUD Lot 5
Vill. Public Hearings
a) Ordinance #43, 2001 - Oden Deannexation (To Be Continued)
b) Ordinance #44, 2001 - Code Amendment Subdivision without GMQS
c) Ordinance #45, 2001 - Code Amendment Stream Margin Top of Slope
d) Ordinance #46, 2001 - Code Amendment Accessory Dwelling Unit Require Detached
Unit for GMQS Exemption
e) Ordinance #47, 2001 - Code Amendment Accessory Dwelling Unit - Removing Existing
Mandatory Occupancy
IX. Action Items
a) Resolution #121, 2001 - Amendment to Burlingame Pre -Annexation Agreement
X. Executive Session
XI. Adjournment
Next Regular Meeting January 14, 2002
COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M.
ORDINANCE No. 45
(SERIES OF 2001)
F THE CITY COUNCIL OF THE CITY OF ASPEN,
AN ORDINANCE O
SECTION 26.435.020, AUTHORITY AND TO PEAL
p TO AMEND SEC MARGIN REVIEW, AND ENACT
REVIEW
COLORAD ,
SECTION 26.435.04 EXT THAT AM DS THE SIRE RIVER TO A REVIEW
REORGANIZED ROARING FORK RI D ADOPT THE
PROCESS FOR PROPERTIES ON THE ROARI DIRECTOR, AN
BY THE COMMUNITY DEVELOPMENT DIRE
THE OFFICIAL DETERMINATIO��R'T�D� O
STREAM MARGIN MAP AS R LINE OF THE ROARING FORK VIEW -
SLOPE AND HIGH WASTANDARDS O THE STREAM M�GIN RE
CLARIFY REVIEW
Community Development Department proposed an application
WHEREAS, the Comm y of Aspen Land Use Code; and,
for an amendment to Title 26, the City the Planning and Zoning
AS, pursuant to Sections 26.310.040, and limitations of this
WHERE procedures, standards, or deny a Code
Commission, in accordance with the P approve with conditions,
resolution approve, PP
Chapter, shall by cialpursuant to
dment to the Land Use Code and Official Zone District
P lication for Amen Development Department
Amendment aPP endation by the Community the City Council after reviewing and
Map, after recomm
Section 26.430.020; finala and, shalltion be y reviewed the Code
considering the recommendations;P artrnent
Community Develo ment Depart on
WHEREAS, the Cow y in Review Process for Properties
lication to change the. Stream Margin
Amendments application the Community Development Director pursuant o
the Roaring Fork River to a review by approval; and,
fission conducted a public hearing to
Section 26.310.040 and recommende aPP and the
WHEREAS, the Planning and Zoning Corte public testimony
took and considered p by a seven
consider the proposed code mmunity Development
ment Director and recommendedthat change
Develop
recommendation , the C Council adopt the proposed Code Am
� 0 vote, that City properties on the Roaring Fork River to a review
to zero (-) and adopt
the Stream Margin Review Process for PTOp reorganize the code section,
uni Development Director, organng as the official determination in
by the Comm �' created by Sopris Eng Fork River as
Stream Margin Map h water line for properties on the Roaring
regards to top of slope and high - Series of 2001; and,
Commission found that the Code
described in P & Z Resolution No 4''and Zoning ent standards and that the
WHEREAS, the Planning applicable amendm
Amendments proposal meets or excee are consistents all with the goals and elements of the Aspen
approval of the Code Amendments,
Area Community Plan; and,
Ordinance No.45, Series of 2001
n--. t of 8
S City Council reviewed and considered the recommendations
member of
WHEREAS, tY and Zoning Commission,
Community Development Director, the planning
the public during a duly noticed public hearing; and,
I
finds that the Proposed code amendments ew, meeto t
ions
WHEREAS, the City Councilts or
26.435, Environmental Sensitive Areas, and 26.435.040, Stream Marginoval of the Code
exceeds all applicable amendment standards and that the app
Amendments,
are consistent with the gods and elements of the Aspen Area Community
Plan; and,
this Ordinance furthers and is necessary or
WHEREAS, the City Council finds that
the promotion of public health, safety, and welfare.
W THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE
NO ,
CITY OF ASPEN:
al
Pursuant
Section
to the procedures and standards set forth in Titl authori26 of �eof the Stream Aspen 1Margin
Code,
theCod
the Code Amendment application to amend the review
Review to a review by the Community Development Director in Section 26.435.020,
Authority, is hereby amended to read as follows:
the receipt of the recommendation
Section 26.435.020: Authority. Following and Zoning
from the Community Development Department, the Planning
Commission'
in accordance with the procedures, standardsconditions, or isapprove a is
Comm � approve with
Chapter, shall by resolution approve, sensitive area
development application for development in an environmentally of the Roaring
(ESA), with the exception of development within a stream marginFork River
Fork River. Development within this Dev le Development Director. eam margin of the Roaring Community
shall be reviewed by the Common y rocedures, standards, and
Development Director, in accordance with he pconditions, or disapprove
limitations of this Chapter, shall approve, approve
an application for development in the stream margin.
The Community Development Director, inlacc alla dan ve withprol Love ro h onditions,
standards and limitations of this Chalpion for exempt pt development in an
or disapprove a development appica
environmentally sensitive area (ESA).
Ordinance No.45, Series of 2001
Page 2 of 8
•
•
Section 2
That Section 26.435.040, Stream Margin Review,
3 below.repealed and that enact the new
code language should be as set forth in Se
Section 3 review authority of the Stream
That the Code Amendment application to amend the (1) adopt the
Margin Review to a review by the Community Development Director, (2) op the
Stream Margin Map as the official top of slope and 100 year flood plain, 43 streorganize
an appeal process for administrative stream margin determinations, and ()
the Stream Margin Review Section is approved and Land Use Code Section
26.435.040, Stream Margin Review, is hereby amended to read as follows:
26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally,
and totall development within the
.line of the Roaring Fork River and its tributary
100-year flood plain.
B. Exemptions. The Community Development Director may exempt the following
Margin Review area:
types of development within the Stream
1 Construction of pedestrian or automobile bridges, public trails, or
strictures for irrigation, drainage, flood control or water diversion, bank
stabilization, provided plans and specifications are submitted to the City
Engineer demonstrating that the structure k fl ws and the Community
eered to prevent
blockage of drainage channels during p
Development Director determines the proposed
complies, to the
extent practical, with the Stream Margin Review Standards
2, Construction of improvements essentiaufor e of the ` no dpublic health evelopment area"
ty which
cannot be reasonably accommodated o potable water
prescribed by this Section including, but not limited to,
ilities, and fire suppression systems provided
systems, sanitary sewer, ut
the Community Development Directorthe Stream Margin Review determines the development
complies, to the extent practical, with
Standards.
3. The expansion, remodeling, or reconstruction of an existing development
provided the following standards a
re a. The development does not add more than ten (10) percent to the
floor area of the existingstructure
f loorrarea calculations by more than
building area exempt from exemptions are
twenty-five (25) percent. All stream marginexem P
cumulative. Once a development reaches these totals, a Stream
Ordinance No.45, Series of 2001
Page 3 of 8
•
•
Margin Review by the Community Development Director or
Planning and Zoning Commission is required; and,
b. The development does not require the removal of any tree for
which a permit would be required pursuant to Chapter 13.20 of the
Municipal Code.
C. 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;
i. The development does not fall outside of an approved
building envelope if one has been designated through a
prior review; and
ii. The expansion, remodeling or reconstruction will cause no
increase to the amount of ground coverage of structures
within the 100 year flood plain.
C. Stream Margin Review Standards. No
oldevelopment he Common ty Deve opment Director
Stream Margin of the Roaring Fork River unless
makes a determination that the proposed development complies with all requirements set
forth below. No Development shall be permitted within the Stream Margin of the
tributaries of the Roaring Fork River unless the Planning and Zoning Commission make a
determination that the proposed development complies with all requirements set forth
below.
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; and
2. The recommendations of the Aspen Area Community Plan:
Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River
Greenway Plan are implemented in the proposed plan for development, to the
greatest extent practicable. Areas of historic public use or access shall be
dedicated via a recorded easement for public use. A fisherman's easement
granting public fishing access within the high water boundaries of the river
course shall be granted to the greatest extent possible via a recorded
"Fisherman's Easement;" and,
Ordinance No.45, Series of 2001
Page 4 of 8
There is no vegetation removed or damaged or slope grade changes (cut or
fill) made outside of a specifically
defined building envelope. A building
velo e shall be designated by this review and said envelope shall be
en p
recorded on a plat pursuant to Section 26.435.040(F)(1
ro osed development does not pollute or interfere with the natural
Thep p including erosion and/or
changes of the river, stream or other tributary,
l be
sedimentation during construction. Increasedentry the rite iver orlonto its
se 1 to preven rY b 'ldin
5.
0
7
accommodated witlun the parce
banks. Pools or hot tubs cannot be drained outside of the designatedui
envelope; and prior to any
Written notice is given to the Colorado Water Conservation rse, and a copyf aid Board
alteration or relocation of a watnc er uManagement Agency; and
submitted to the Federal EmergeY
tee is provided in the event a water s heirs, succescourse d assaltign that ensurered or s that
that
A guarantee
applies to the devecapacity oer and n the parcel is not diminished; and
the flood carrying
Copies are provided of all necessary
federal and state permits relating to work
within the one -hundred -year floodplain; and
plant
There is no development other than approved native vegetation p g
within fifteen (15)
feet back of the top_ of slope or rotec he high
existing riparian
whichever is most restrictive. New P an ngs(inprotect
uding trees, shrubs, flowers,
vegetation and bank stability• envelope on the river side shall
and grasses) outside of the designated buildi the City. A landscape plan will
be native riparian vegetation as approved by
miffed with all development applications. The top of slope and 100
be sub Fork River shall be determined by
year flood plain elevation of the Roaring Development Department
the Stream Margin Map located in the Community
and filed at the City Engineering Department.
foot setback from the fop o451 degree
9. All development outside ope
the fifteen (15a line drawn at a forty- ( )
does not exceed a height delineated by
ithe definition for
angle from ground level at the top of slope. Heshall be measured an
determined by the Community Deve opmen Director using ight g het ht set forth
height set forth at Section 26.04.100 and method of calculating
at Section 26.575.020, as shown in Figure
Ordinance No.45, Series of 2001
Pap-e 5 of 8
•
•
45 degree
progressive
height
limit
HIM
a�'nu1n��
15 Foot �Y
Setback /I
Figure "A"
10. All exterior lighting is low and downcast with no be in compl tansce with sect onrd the
river or located down the slope and shall
26.575.150. A lighting plan will be submitted with all development
applications; and
11. There has been accurate identification No of 99 wetlands
ans and riparian zones.
(Ord. No. 55-2000, §6, 7, O
D. Appeal of Director's Determination.
An appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination
1 ythe Community Development
Pursuant to subsection E, below.
Director, shall be reviewed as a SpecReview P
In this case, the Community Development.Director Is need not ble filed shall be forwarded
as a recommendation and a new application n
E. Special Review.
from the Stream Margin Review Standards,
An application requesting a variance MapI s top of slope determination, shall be
or an appeal of the Stream Margin
processed as a Special Review in accordance i a Rth ev ew sDhall bep onside ed at
Procedure set forth in Section 26.304. The Sp posted and mailed, pursuant
a public hearing for which notice has been published, p the Planning and Zoning
to Section 26.304.060(E)(3)(a, b, and c). Review is by
Commission.
A Special Review from the Stream Margi
n Review Determination may be
approved, approved with conditions, or denied based on conformance with the
following review criteria:
1. An authorized survey from a Colorado Professionally
top of slope and oo year
or
shows a different determination
flood plain than the Stream Margin Map located in the Community
Development Department and filed in the City Engineering Department; and
Ordinance No.45, Series of 2001
Page 6of8
r1
L_j
2. The proposed development meets the Stream Margin Review Standard(s)
upon which the Community Development Director had based the finding of
denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permit for a property within the stream margin
review area, the following must be submitted:
The applicant shall record a site improvement plat with topography
prepared by a Colorado licensed, professional surveyor showing the
building envelope determined by the Community Development Director
based on the Stream Margin Review Map located in the Community
Development Department.
2. Site sections drawn by a registered architect, landscape architect, or
engineer shall be submitted showing all existing and proposed site
elements, the top of slope, and pertinent elevations above sea level.
The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain in
place until the issuance of Certificates of Occupancy.
Section 4:
City Council hereby adopts the Stream Margin Review Map of the Roaring Fork River
surveyed April through July of 2000 as the official determination of the Top of Slope for the
purpose of Stream Margin Reviews for properties on the Roaring Fork River within the City
of Aspen.
Section 5:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Ordinance No.45, Series of 2001
Page 7 of 8
r�
•
Section 7:
A public hearing on the Ordinance shall be held on the 17`h day of December, 2001, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing a public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen at on this 26`h day of November, 2001.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed and approved this 171h day of December, 2001
ATTEST:
Kathryn S. Koch, City Clerk
Approved as to form:
John Worcester, City Attorney
Ordinance No.45, Series of 2001
Page 8 of 8
Helen Kalin Klanderud, Mayor
• • eyhI1134 "A11
RESOLUTION NO. 43
(SERIES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A
CODE AMENDMENT TO LAND USE CODE SECTION 26.435.020, AUTHORITY,
AND AN AMENDMENT THAT REPEALS SECTION 26.435.040, STREAM
MARGIN REVIEW, AND ENACTS REORGANIZED TEXT THAT AMENDS THE
STREAM MARGIN REVIEW PROCESS FOR PROPERTIES ON THE ROARING
FORK RIVER TO A REVIEW BY THE COMMUNITY DEVELOPMENT
DIRECTOR, AND ADOPTS THE STREAM MARGIN MAP AS THE OFFICIAL
DETERMINATION OF TOP OF SLOPE AND HIGH WATER LINE OF THE
ROARING FORK RIVER, AND TO CLARIFY REVIEW STANDARDS TO THE
STREAM MARGIN REIVEW, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, the Community Development Department proposed an application
for an amendment to Title 26, the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or deny a Code
Amendment application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Community Development Department pursuant to
Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments application to change the Stream Margin Review Process for properties on
the Roaring Fork River to a review by the Community Development Director pursuant to
Section 26.310.040 and recommended approval; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and took
public testimony for Code Amendments that would change the Stream Margin Review
Process for properties on the Roaring Fork River to a review by the Community
Development Director, reorganize the code section, and adopt the Stream Margin Map
created by Sopris Engineering as the official determination in regards to top of slope and
high water line for properties on the Roaring Fork River; and,
WHEREAS, the Planning and Zoning Commission finds that the Code
Amendments proposal meets or exceeds all applicable amendment standards and that the
approval of the Code Amendments, is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
•
•
WHEREAS, during a public hearing on November 6, 2001, the Planning and
Zoning Commission recommended, by a 7 to 0 (7-0) vote, that the City Council approve
the amendments to Section 26.435.020, Authority, Section 26.435.040(B)(3), Stream
Margin Exemptions, and Section 26.435.040(C), Stream Margin Review Standards as
proposed by the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment application to amend the review authority of the Stream Margin
Review to a review by the Community Development Director in Section 26.435.020,
Authority, is approved as noted below:
Section 26.435.020: Authority. Following the receipt of the recommendation
from the Community Development Department, the Planning and Zoning
Commission, in accordance with the procedures, standards and limitations of this
Chapter, shall by resolution approve, approve with conditions, or disapprove a
development application for development in an environmentally sensitive area
(ESA), with the exception of development within a stream margin of the Roaring
Fork River. Development within this stream margin of the Roaring Fork River
shall be reviewed by the Community Development Director. The Community
Development Director, in accordance with the procedures, standards, and
limitations of this Chapter, shall approve, approve with conditions, or disapprove
an application for development in the stream margin.
The Community Development Director, in accordance with the procedures,
standards and limitations of this Chapter, shall approve, approve with conditions,
or disapprove a development application for exempt development in an
environmentally sensitive area (ESA).
Section 2
That Section 26.435.040 be repealed and enact the code language in Section 3
Section 3
That the Code Amendment application to amend the (1) review authority of the Stream
Margin Review to a review by the Community Development Director, (2) adopt the
Stream Margin Map as the official top of slope and 100 year flood plain, (3) establish
an appeal process for administrative stream margin determinations, and (4) reorganize
the Stream Margin Review Section is approved as noted below:
26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high water
line of the Roaring Fork River and its tributary streams, and to all development within the
100-year flood plain.
B. Exemptions. The Community Development Director may exempt the following
types of development within the Stream Margin Review area:
1. Construction of pedestrian or automobile bridges, public trails, or
structures for irrigation, drainage, flood control or water diversion, bank
stabilization provided plans and specifications are submitted to the City
Engineer demonstrating that the structure is engineered to prevent
blockage of drainage channels during peak flows and the Community
Development Director determines the proposed structure complies, to the
extent practical, with the Stream Margin Review Standards.
2. Construction of improvements essential for public health and safety which
cannot be reasonably accommodated outside of the "no development area"
prescribed by this Section including, but not limited to, potable water
systems, sanitary sewer, utilities, and fire suppression systems provided
the Community Development Director determines the development
complies, to the extent practical, with the Stream Margin Review
Standards.
The expansion, remodeling, or reconstruction of an existing development
provided the following standards are met:
a. The development does not add more than ten (10) percent to the
floor area of the existing structure or increase the amount of
building area exempt from floor area calculations by more than
twenty-five (25) percent. All stream margin exemptions are
cumulative. Once a development reaches these totals, a Stream
Margin Review by the Community Development Director or
Planning and Zoning Commission is required; and,
b. The development does not require the removal of any tree for
which a permit would be required pursuant to Chapter 13.20 of this
Code.
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
ii. The expansion, remodeling or reconstruction will cause no
increase to the amount of ground coverage of structures
within the 100 year flood plain.
C. Stream Margin Review Standards. No development shall be permitted within the
Stream Margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set
forth below. No Development shall be permitted within the Stream Margin of the
tributaries of the Roaring Fork River unless the Planning and Zoning Commission make a
determination that the proposed development complies with all requirements set forth
below.
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; and
2. The recommendations of the Aspen Area Community Plan:
Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River
Greenway Plan are implemented in the proposed plan for development, to the
greatest extent practicable. Areas of historic public use or access shall be
dedicated via a recorded easement for public use. A fisherman's easement
granting public fishing access within the high water boundaries of the river
course shall be granted to the greatest extent possible via a recorded
"Fisherman's Easement;" and,
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 Section 26.435.040(F)(1).
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; and
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; and
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; and
7. Copies are provided of all necessary federal and state permits relating to work
within the one -hundred -year floodplain; and
There is no development other than approved native vegetation planting
within fifteen (15) feet back 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.
9. All development outside the fifteen (15) foot setback from the top of slope
does not exceed a height delineated by a line drawn at a forty-five (45) degree
angle from ground level at the top of slope. Height shall be measured and
determined by the Community Development Director using the definition for
height set forth at Section 26.04.100 and method of calculating height set forth
at Section 26.575.020.
10. All exterior lighting is low and downcast with no light(s) 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; and
11. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3)
D. Appeal of Director's Determination.
An appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination made by the Community Development
Director, shall be reviewed as a Special Review pursuant to subsection E, below.
In this case, the Community Development Director's finding shall be forwarded
as a recommendation and a new application need not be filed.
E. Special Review.
An application requesting a variance from the Stream Margin Review Standards,
or an appeal of the Stream Margin Map's top of slope determination, shall be
processed as a Special Review in accordance with Common Development Review
Procedure set forth in Section 26.304. The Special Review shall be considered at
a public hearing for which notice has been published, posted and mailed, pursuant
to Section 26.304.060(E)(3)(a, b, and c). Review is by the Planning and Zoning
Commission.
A Special Review from the Stream Margin Review Determination may be
approved, approved with conditions, or denied based on 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
2. The proposed development meets the Stream Margin Review Standard(s)
upon which the Community Development Director had based the finding of
denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permit for a property within the stream margin
review area, the following must be submitted:
1. The applicant shall record a site improvement plat with topography
prepared by a Colorado licensed, professional surveyor showing the
building envelope determined by the Community Development Director
based on the Stream Margin Review Map located in the Community
Development Department.
2. Site sections drawn by a registered architect, landscape architect, or
engineer shall be submitted showing all existing and proposed site
elements, the top of slope, and pertinent elevations above sea level.
3. The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain in
place until the issuance of Certificates of Occupancy.
Section 4•
All material representations and commitments made by the applicant pursuant to the Code
Amendment approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 5:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on November 6, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Jasmine Tygre, Chair
MEMORANDUM
To: Mayor Klanderud and City Council
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: James Lindt, Planning Technician
RE: Proposed Amendments to the Stream Margin Review Process and Review
Standards, Section 26.435.040 — Code Amendment. Public Hearing, "Ind
Reading" of Ordinance No. 45, Series of 2001
DATE: December 17, 2001
APPLICANT:
City of Aspen Community Development Department
PROPOSED AMENDMENT:
The Community Development Staff proposes to amend the Stream Margin Review Process
with the overall intent of clarifying and streamlining the review process. The proposed
amendments to Section 26.435.040, Stream Margin Review, are intended to change the
Stream Margin Review process for properties only on the Roaring Fork River from a
Planning and Zoning Commission process to an administrative review process in order to
handle what staff feels is a "technical" review more suited for staff review versus the more
substantial, quasi-judicial reviews by the Planning and Zoning Commission.
This change will also have a secondary benefit of freeing up agenda space and saving
applicants the unnecessary time and money of going through a board review process. The
Stream Margin Review Standards are also proposed to be changed to utilize a newly created
map of the Roaring Fork River to determine top of slope and mean high water line for the
properties along the Roaring Fork River. Other amendments in this section are proposed to
update, reorganize and clarify the current review standards.
SUMMARY:
The Community Development Department Staff is proposing code amendments to Section
26.435.040, Stream Margin Review, to change the stream margin review from a Planning and Zoning
Commission Review to an Administrative Review by the Community Development Director. The
Planning and Zoning Commission has reviewed the proposed code amendments and unanimously
recommended that City Council approve them.
As a work program item, City Council directed staff to have the top of slope and high water line of
the Roaring Fork River mapped from the eastern edge of the City limits to the Slaughter House
Bridge on the western City limits. The aforementioned map is proposed to be adopted and utilized to
determine the top of slope and the high water line on all Stream Margin Review Applications. A
process to appeal the map determination of the top of slope is also put in place through the proposed
0
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LJ
code amendments. The proposed amendments also include a reorganization of the existing review
standards but not a substantial change to them.
The Stream Margin Review Standards are mainly technical in their existing state and require an
applicant to meet set requirements that are not subjective or discretionary. Because of the objective
nature of the standards, staff believes that the Stream Margin Review Process for properties on the
Roaring Fork River could be reviewed as effectively and accurately at an administrative level.
Therefore, the Community Development staff proposes the following code amendments to the Stream
Margin Review Section of the City of Aspen Land Use Code.
Process:
Amendment to the Land Use Code and Official Zone District Map
➢ To determine if the application meets the standards for an amendment to the code
text or official zone district map.
➢ Planning Commission makes a recommendation to City Council.
➢ City Council either approves, denies, or amends and approves the proposed text.
Review
In reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
➢ Staff Finding:
o The changes regarding the proposed amendment would be
made throughout Title 26 so as not to cause a conflict in how
the text reads or what it means. Process changes will be made
throughout the land use code, no conflict is created in that
regard. The section will be reorganized to make it more user
friendly and logically organized.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
➢ Staff Finding:
o Staff feels that the proposed amendments will continue to
yield as thorough of a review of the stream margin review as
that currently in place. The protection of environmentally
sensitive areas as desired by the AACP will still be
accomplished. By cutting the number of steps in the stream
margin review process for properties on the Roaring Fork
River, staff feels that it will be more efficient for the applicant
and will save money and time of going through a public
review process. Staff also believes that by utilizing the new
Stream Margin Review Map as the official top of slope and
2
high water determinations for properties on the Roaring Fork
Rivers, that much of the conflict and dispute between the City
and the applicant over these determinations will be alleviated.
Staff believes that the Stream Margin Review Map generated
by Sopris Engineering is accurate and that substituting it for a
private surveyor's work will not compromise the quality of the
review of the stream margin standards.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
➢ Staff Finding:
o Staff finds that the proposed amendment is compatible with
the surrounding zone districts and land uses, and will not
change the characteristics of the neighborhood. The land use
pattern will not change, as the stream margin review
standards for the zone districts will not be affected. The
review process will be more efficient and streamlined with the
same outcome as today's regulations would yield.
D. The effect of the proposed amendment on traffic generation and road safety.
➢ Staff Finding:
o There will be no effect or negative impacts of these proposed
amendments on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
➢ Staff Finding:
o The proposed amendments will not result in changed
demands of public facilities.
F Whether the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
➢ Staff Finding:
o Stafffinds the proposed amendments will not have a
significant impact on the natural environment. Staff feels that
the Stream Margin Review Standards are objective enough
that there is not a lot of decision -making involved in the
stream margin review process. There should be no difference
in the impact on the environment if staff is reviewing an
3
application as opposed to the Planning and Zoning
Commission reviewing the same application. Many of the
conditions of approval on Stream Margin Reviews are asked
for by the referral agencies and are standard conditions of
approval. Staff still intends to refer Stream Margin Review
Applications to the other pertinent City departments and place
conditions on the administrative approvals of Stream Margin
Reviews. The proposed code amendments shall have no
impact on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
➢ Sta_ff Finding:
o Staff finds that the proposed amendment will not effect the
community character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
➢ Staff Finding:
o Staff finds that no specific subject parcel or specific
neighborhood is the subject of this code amendment and
therefore the criterion does not apply.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
➢ Staff Finding:
o Staff finds that the proposed amendment will not conflict
with the public interest. Staff feels that the proposed changes
in the Stream Margin Review Process will be to the benefit of
the public. An administrative process will be more efficient
and save applicants time because it alleviates the need to wait
to get on a Planning and Zoning Commission Agenda. The
proposed amendment would also free up Planning and
Zoning Commission Agenda time that can be used to review
and handle other types of land use reviews. Staff believes
that applicants will be more informed about their
development potential in stream margin areas on the Roaring
Fork River prior to going through the review if the Stream
Margin Map, generated by Sopris Engineering, is adopted as
the official top of slope and high water lines for the Roaring
Fork River. This will benefit the public interest.
4
Staff is proposing to amend all the sections in the Aspen Land Use Code that
referenced the process of a Stream Margin Review. Staff proposes to repeal Section
26.435.040, Stream Margin Review, in it's entirety and replace it with the following
Code Language. The following proposed language accomplishes the following four
objectives, (1) reorganizes the Stream Margin Review Section into a logical sequence,
(2) gives the Community Development Director Review Authority for Stream Margin
Review on properties located on the Roaring Fork River, (3) adopts the Stream Margin
Map as the top of slope for properties on the Roaring Fork River, and (4) sets up a
process for the appeal of the Community Development Director's determination.
Proposed new language is italicized and in bold. Language in the current Stream
Margin Review Section that is not new but is being reorganized is not italicized in the
following proposed code language.
26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high water line
of the Roaring Fork River and its tributary streams, and to all development within the 100-
year flood plain.
B. Exemptions. The Community Development Director may exempt the following types
of development within the Stream Margin Review area:
Construction of pedestrian or automobile bridges, public trails, or structures for
irrigation, drainage, flood control or water diversion, or bank stabilization,
provided plans and specifications are submitted to the City Engineer
demonstrating that the structure is engineered to prevent blockage of drainage
channels during peak flows and the Community Development Director
determines the proposed structure complies, to the extent practical, with the
Stream Margin Review Standards.
2. Construction of improvements essential for public health and safety which
cannot be reasonably accommodated outside of the "no development area"
prescribed by this Section including, but not limited to, potable water systems,
sanitary sewer, utilities, and fire suppression systems provided the Community
Development Director determines the development complies, to the extent
practical, with the Stream Margin Review Standards.
3. The expansion, remodeling, or reconstruction of an existing development
provided the following standards are met:
a. The development does not add more than ten (10) percent to the floor
area of the existing structure or increase the amount of building area exempt
from floor area calculations by more than twenty-five (25) percent. All
stream margin exemptions are cumulative. Once a development reaches these
5
0
•
totals, a Stream Margin Review by the Community Development Director or
the Planning and Zoning Commission is required; and,
b. The development does not require the removal of any tree for which a permit
would be required pursuant to Chapter 13.20 of the Municipal Code.
c. 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;
i. The development does not fall outside of an approved building
envelope if one has been designated through a prior review; and
ii. The expansion, remodeling or reconstruction will cause no increase to
the amount of ground coverage of structures within the 100 year flood
plain.
C. Stream Margin Review Standards. No development shall be permitted within the
Stream Margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set forth
below. No Development shall be permitted within the Stream Margin of the tributaries of
the Roaring Fork River unless the Planning and Zoning Commission makes a
determination that the proposed development complies with all requirements set forth
below.
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; and
2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open
Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in
the proposed plan for development, to the greatest extent practicable. Areas of
historic public use or access shall be dedicated via a recorded easement for public
use. A fisherman's easement granting public fishing access within the high water
boundaries of the river course shall be granted to the greatest extent possible via a
recorded "Fisherman's Easement;" and,
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 Section 26.435.040(F)(1).
3
9
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; and
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; and
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; and
7. Copies are provided of all necessary federal and state permits relating to work
within the one -hundred -year floodplain; and
There is no development other than approved native vegetation planting within
fifteen (15) feet back 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.
9. All development outside the fifteen (15) foot setback from the top of slope does
not exceed a height delineated by a line drawn at a forty-five (45) degree angle
from ground level at the top of slope. Height shall be measured and determined by
the Community Development Director using the definition for height set forth at
Section 26.04.100 and method of calculating height set forth at Section
26.575.020, as shown in Figure "A".
/degree1S
O C!Top of
Slope
15 Foot
Setback 'I
Figure "A"
•
•
10. All exterior lighting is low and downcast with no light(s) 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; and
11. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3)
D. Appeal of Director's Determination.
An appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination made by the Community Development
Director, shall be reviewed as a Special Review pursuant to subsection E, below. In
this case, the Community Development Director's finding shall be forwarded as a
recommendation and a new application need not be filed.
E. Special Review.
An application requesting a variance from the Stream Margin Review Standards, or
an appeal of the Stream Margin Map's top of slope determination, shall be
processed as a Special Review in accordance with Common Development Review
Procedure set forth in Section 26.304. The Special Review shall be considered at a
public hearing for which notice has been published, posted and mailed, pursuant to
Section 26.304.060(E)(3)(a b, and c). Review is by the Planning and Zoning
Commission.
A Special Review from the Stream Margin Review Determination may be approved,
approved with conditions, or denied based on 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
2. The proposed development meets the Stream Margin Review Standard(s) upon
which the Community Development Director had based the finding of denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permit for a property within the stream margin review
area, the following mist be submitted.
1. The applicant shall record a site improvement plat with topography prepared
by a Colorado licensed, professional surveyor showing the building envelope
determined by the Community Development Director based on the Stream
8
Margin Review Map located in the Community Development Department.
2. Site sections drawn by a registered architect, landscape architect, or engineer
shall be submitted showing all existing and proposed site elements, the top of
slope, and pertinent elevations above sea level.
3. The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain
in place until the issuance of Certificates of Occupancy.
Section 26.435.020, Authority, must also be amended to be consistent in giving the
Community Development Director the review authority in Stream Margin Reviews on
the Roaring Fork River. The section is stated below with the old language having a
"strike out" through it and the new language documented in bold and italics, as
follows:
Original Text:
26.435.020 Authority.
Following the receipt of a recommendation from the Community Development
Department, the Planning and Zoning Commission, in accordance with the procedures,
standards and limitations of this Chapter, shall by resolution approve, approve with
conditions, or disapprove a development application for development in an environmentally
sensitive area (ESA).
The Community Development Director, in accordance with the procedures, standards
and limitations of this Chapter, shall approve, approve with conditions, or disapprove a
development application for exempt development in an environmentally sensitive area (ESA).
New Text:
26.435.020 Authority.
Following the receipt of a recommendation from the Community Development
Department, the Planning and Zoning Commission, in accordance with the procedures,
standards and limitations of this Chapter, shall by resolution approve, approve with
conditions, or disapprove a development application for development in an environmentally
sensitive area (ESA), with the exception of development within a stream margin of the
Roaring Fork River. Development within a stream margin of the Roaring Fork River shall
be reviewed by the Community Development Director. The Community Development
Director, in accordance with procedure, standards, and limitations of this Chapter, shall
approve, approve with conditions, or disapprove an application for development in the
stream margin.
The Community Development Director, in accordance with the procedures,
standards and limitations of this Chapter, shall approve, approve with conditions, or
disapprove a development application for exempt development in an environmentally
sensitive area (ESA).
W
Staff concludes that the proposed code amendments to the Stream Margin Review
Process have been reviewed per Section 26.310.040 Standards of Review. Staff finds
that the proposed amendments will make the review process more efficient for both
applicants and the City of Aspen without compromising the thoroughness or
importance of the Stream Margin Review. Staff feels that by adopting the Stream
Margin Map as the official determination of top of slope and high water line, it will rid
the stream margin review process of subjective determinations in regards to this
matter. This will enable the review process to be approved at an administrative level
because the review will be completely based on whether or not the applicant meets the
standards much like the review of Accessory Dwelling Units are currently handled.
The Planning and Zoning Commission recommends that the City Council approve the
proposed code amendments to the stream margin review section as proposed.
STAFF RECOMMENDATIONS
Staff recommends approval of the Proposed Code Amendments to Section 26.435, Stream
Margin Review, that will allow for the Community Development Director to be the review
authority on Roaring Fork River Stream Margin Review Applications and the adoption of the
Stream Margin Map as the official determination of top of slope and high water line.
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Planning and Zoning Commission recommended by a 7 to 0 vote that City Council
approve the Proposed Code Amendments to Section 26.435, Stream Margin Review.
Recommended Motion:
"I move to approve Ordinance No.45 Series of 2001, approving Code Amendments to the City
Land Use Code that will reorganize the Stream Margin Review Section, give the Community
Development Director decision -making authority on Roaring Fork River Stream Margin
Review Applications and the adoption of the Stream Margin Map as the official determination
of top of slope and the high water line for properties on the Roaring Fork River.
ATTACHMENTS:
Exhibit A- Planning and Zoning Commission Resolution No. 43, Series of 2001.
10
ORDINANCE NO.45
(SERIES OF 2001)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND SECTION 26.435.020, AUTHORITY, AND TO REPEAL
SECTION 26.435.040, STREAM MARGIN REVIEW, AND ENACT
REORGANIZED TEXT THAT AMENDS THE STREAM MARGIN REVIEW
PROCESS FOR PROPERTIES ON THE ROARING FORK RIVER TO A REVIEW
BY THE COMMUNITY DEVELOPMENT DIRECTOR, AND ADOPT THE
STREAM MARGIN MAP AS THE OFFICIAL DETERMINATION OF TOP OF
SLOPE AND HIGH WATER LINE OF THE ROARING FORK RIVER, AND TO
CLARIFY REVIEW STANDARDS TO THE STREAM MARGIN REVIEW.
WHEREAS, the Community Development Department proposed an application
for an amendment to Title 26, the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or deny a Code
Amendment application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Community Development Department pursuant to
Section 26.430.020; Final action shall be by the City Council after reviewing and
considering the recommendations; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments application to change the Stream Margin Review Process for properties on
the Roaring Fork River to a review by the Community Development Director pursuant to
Section 26.310.040 and recommended approval; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing to
consider the proposed code amendments, took and considered public testimony and the
recommendation of the Community Development Director and recommended by a seven
to zero (7-0) vote, that City Council adopt the proposed Code Amendments that change
the Stream Margin Review Process for properties on the Roaring Fork River to a review
by the Community Development Director, reorganize the code section, and adopt the
Stream Margin Map created by Sopris Engineering as the official determination in
regards to top of slope and high water line for properties on the Roaring Fork River as
described in P & Z Resolution No. 43, Series of 2001; and,
WHEREAS, the Planning and Zoning Commission found that the Code
Amendments proposal meets or exceeds all applicable amendment standards and that the
approval of the Code Amendments, are consistent with the goals and elements of the Aspen
Area Community Plan; and,
Ordinance No.45, Series of 2001
Page 1 of 8
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, and members of
the public during a duly noticed public hearing; and,
WHEREAS, the City Council finds that the proposed code amendments to Sections
26.435, Environmental Sensitive Areas, and 26.435.040, Stream Margin Review, meets or
exceeds all applicable amendment standards and that the approval of the Code
Amendments, are consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE
CITY OF ASPEN:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment application to amend the review authority of the Stream Margin
Review to a review by the Community Development Director in Section 26.435.020,
Authority, is hereby amended to read as follows:
Section 26.435.020: Authority. Following the receipt of the recommendation
from the Community Development Department, the Planning and Zoning
Commission, in accordance with the procedures, standards and limitations of this
Chapter, shall by resolution approve, approve with conditions, or disapprove a
development application for development in an environmentally sensitive area
(ESA), with the exception of development within a stream margin of the Roaring
Fork River. Development within this stream margin of the Roaring Fork River
shall be reviewed by the Community Development Director. The Community
Development Director, in accordance with the procedures, standards, and
limitations of this Chapter, shall approve, approve with conditions, or disapprove
an application for development in the stream margin.
The Community Development Director, in accordance with the procedures,
standards and limitations of this Chapter, shall approve, approve with conditions,
or disapprove a development application for exempt development in an
environmentally sensitive area (ESA).
Ordinance No.45, Series of 2001
Page 2 of 8
Section 2
That Section 26.435.040, Stream Margin Review, be repealed and that enact the new
code language should be as set forth in Section 3 below.
Section 3
That the Code Amendment application to amend the (1) review authority of the Stream
Margin Review to a review by the Community Development Director, (2) adopt the
Stream Margin Map as the official top of slope and 100 year flood plain, (3) establish
an appeal process for administrative stream margin determinations, and (4) reorganize
the Stream Margin Review Section is approved and Land Use Code Section
26.435.040, Stream Margin Review, is hereby amended to read as follows:
26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high water
line of the Roaring Fork River and its tributary streams, and to all development within the
100-year flood plain.
B. Exemptions. The Community Development Director may exempt the following
types of development within the Stream Margin Review area:
Construction of pedestrian or automobile bridges, public trails, or
structures for irrigation, drainage, flood control or water diversion, bank
stabilization, provided plans and specifications are submitted to the City
Engineer demonstrating that the structure is engineered to prevent
blockage of drainage channels during peak flows and the Community
Development Director determines the proposed structure complies, to the
extent practical, with the Stream Margin Review Standards.
2. Construction of improvements essential for public health and safety which
cannot be reasonably accommodated outside of the "no development area"
prescribed by this Section including, but not limited to, potable water
systems, sanitary sewer, utilities, and fire suppression systems provided
the Community Development Director determines the development
complies, to the extent practical, with the Stream Margin Review
Standards.
3. The expansion, remodeling, or reconstruction of an existing development
provided the following standards are met:
a. The development does not add more than ten (10) percent to the
floor area of the existing structure or increase the amount of
building area exempt from floor area calculations by more than
twenty-five (25) percent. All stream margin exemptions are
cumulative. Once a development reaches these totals, a Stream
Ordinance No.45, Series of 2001
Page 3 of 8
Margin Review by the Community Development Director or
Planning and Zoning Commission is required; and,
b. The development does not require the removal of any tree for
which a permit would be required pursuant to Chapter 13.20 of the
Municipal Code.
C. 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
ii. The expansion, remodeling or reconstruction will cause no
increase to the amount of ground coverage of structures
within the 100 year flood plain.
C. Stream Margin Review Standards. No development shall be permitted within the
Stream Margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set
forth below. No Development shall be permitted within the Stream Margin of the
tributaries of the Roaring Fork River unless the Planning and Zoning Commission make a
determination that the proposed development complies with all requirements set forth
below.
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; and
2. The recommendations of the Aspen Area Community Plan:
Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River
Greenway Plan are implemented in the proposed plan for development, to the
greatest extent practicable. Areas of historic public use or access shall be
dedicated via a recorded easement for public use. A fisherman's easement
granting public fishing access within the high water boundaries of the river
course shall be granted to the greatest extent possible via a recorded
"Fisherman's Easement;" and,
Ordinance No.45, Series of 2001
Page 4of8
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 Section 26.435.040(F)(1).
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; and
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; and
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; and
7. Copies are provided of all necessary federal and state permits relating to work
within the one -hundred -year floodplain; and
8. There is no development other than approved native vegetation planting
within fifteen (15) feet back 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.
9. All development outside the fifteen (15) foot setback from the top of slope
does not exceed a height delineated by a line drawn at a forty-five (45) degree
angle from ground level at the top of slope. Height shall be measured and
determined by the Community Development Director using the definition for
height set forth at Section 26.04.100 and method of calculating height set forth
at Section 26.575.020, as shown in Figure "A".
Ordinance No.45, Series of 2001
Page 5 of 8
45 degree
progressive
height
limit
Top of
Slope
15
Foot
Setback
�._ Figure "A"
10. All exterior lighting is low and downcast with no light(s) 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; and
11. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3)
D. Appeal of Director's Determination.
An appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination made by the Community Development
Director, shall be reviewed as a Special Review pursuant to subsection E, below.
In this case, the Community Development Director's finding shall be forwarded
as a recommendation and a new application need not be filed.
E. Special Review.
An application requesting a variance from the Stream Margin Review Standards,
or an appeal of the Stream Margin Map's top of slope determination, shall be
processed as a Special Review in accordance with Common Development Review
Procedure set forth in Section 26.304. The Special Review shall be considered at
a public hearing for which notice has been published, posted and mailed, pursuant
to Section 26.304.060(E)(3)(a, b, and c). Review is by the Planning and Zoning
Commission.
A Special Review from the Stream Margin Review Determination may be
approved, approved with conditions, or denied based on 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
Ordinance No.45, Series of 2001
Page 6 of 8
I
2. The proposed development meets the Stream Margin Review Standard(s)
upon which the Community Development Director had based the finding of
denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permit for a property within the stream margin
review area, the following must be submitted:
1. The applicant shall record a site improvement plat with topography
prepared by a Colorado licensed, professional surveyor showing the
building envelope determined by the Community Development Director
based on the Stream Margin Review Map located in the Community
Development Department.
2. Site sections drawn by a registered architect, landscape architect, or
engineer shall be submitted showing all existing and proposed site
elements, the top of slope, and pertinent elevations above sea level.
The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain in
place until the issuance of Certificates of Occupancy.
Section 4•
City Council hereby adopts the Stream Margin Review Map of the Roaring Fork River
surveyed April through July of 2000 as the official determination of the Top of Slope for the
purpose of Stream Margin Reviews for properties on the Roaring Fork River within the City
of Aspen.
Section 5•
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Ordinance No.45, Series of 2001
Page 7 of 8
Section 7•
A public hearing on the Ordinance shall be held on the 17`h day of December, 2001, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing a public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen at on this 261h day of November, 2001.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed and approved this 17`h day of December, 2001
ATTEST:
Kathryn S. Koch, City Clerk
Approved as to form:
John Worcester, City Attorney
Ordinance No.45, Series of 2001
Page 8 of 8
Helen Kalin Klanderud, Mayor
MEMORANDUM N/ I I t7
To: Mayor Klanderud and City Council
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Directorl�
FROM: James Lindt, Planning Technician J---
RE: Proposed Amendments to the Stream Margin Review Process and Review
Standards, Section 26.435.040 — Code Amendment. "1$` Reading" of
Ordinance No. j`Series of 2001
DATE: November 26, 2001
APPLICANT:
City of Aspen Community Development Department
PROPOSED AMENDMENT:
The Community Development Staff proposes to amend the Stream Margin Review Process
with the overall intent of clarifying and streamlining the review process. The proposed
amendments to Section 26.435.040, Stream Margin Review, are intended to change the
Stream Margin Review process for properties only on the Roaring Fork River from a
Planning and Zoning Commission process to an administrative review process in order to
handle what staff feels is a "technical' review more suited for staff review versus the more
substantial, quasi-judicial reviews by the Planning and Zoning Commission.
This change will also have a secondary benefit of freeing up agenda space and saving
applicants the unnecessary time and money of going through a board review process. The
Stream Margin Review Standards are also proposed to be changed to utilize a newly created
map of the Roaring Fork River to determine top of slope and mean high water line for the
properties along the Roaring Fork River. Other amendments in this section are proposed to
update, reorganize and clarify the current review standards.
SUMMARY:
The Community Development Department Staff is proposing code amendments to Section
26.435.040, Stream Margin Review, to change the stream margin review from a Planning and Zoning
Commission Review to an Administrative Review by the Community Development Director. The
Planning and Zoning Commission has reviewed the proposed code amendments and unanimously
recommended that City Council approve them.
As a work program item, City Council directed staff to have the top of slope and high water line of
the Roaring Fork River mapped from the eastern edge of the City limits to the Slaughter House
Bridge on the western City limits. The aforementioned map is proposed to be adopted and utilized to
determine the top of slope and the high water line on all Stream Margin Review Applications. A
process to appeal the map determination of the top of slope is also put in place through the proposed
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code amendments. The proposed amendments also include a reorganization of the existing review
standards but not a substantial change to them.
The Stream Margin Review Standards are mainly technical in their existing state and require an
applicant to meet set requirements that are not subjective of discretionary. Because of the objective
nature of the standards, staff believes that the Stream Margin Review Process for properties on the
Roaring Fork River could be reviewed as effectively and accurately at an administrative level.
Therefore, the Community Development staff proposes the following code amendments to the Stream
Margin Review Section of the City of Aspen Land Use Code.
Process:
Amendment to the Land Use Code and Official Zone District Map
➢ To determine if the application meets the standards for an amendment to the code
text or official zone district map.
➢ Planning Commission makes a recommendation to City Council.
➢ City Council either approves, denies, or amends and approves the proposed text.
Review
In reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
➢ Staff Finding:
o The changes regarding the proposed amendment would be
made throughout Title 26 so as not to cause a conflict in how
the text reads or what it means. Process changes will be made
throughout the land use code, no conflict is created in that
regard. The section will be reorganized to make it more user
friendly and logically organized.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
➢ Staff Finding:
o Staff feels that the proposed amendments will continue to
yield as thorough of a review of the stream margin review as
that currently in place. The protection of environmentally
sensitive areas as desired by the AACP will still be
accomplished. By cutting the number of steps in the stream
margin review process for properties on the Roaring Fork
River, staff feels that it will be more efficient for the applicant
and will save money and time of going through a public
review process. Staff also believes that by utilizing the new
Stream Margin Review Map as the official top of slope and
2
high water determinations for properties on the Roaring Fork
Rivers, that much of the conflict and dispute between the City
and the applicant over these determinations will be alleviated.
Staff believes that the Stream Margin Review Map generated
by Sopris Engineering is accurate and that substituting it for a
private surveyor's work will not compromise the quality of the
review of the stream margin standards.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
➢ Staff Finding:
o Staff finds that the proposed amendment is compatible with
the surrounding zone districts and land uses, and will not
change the characteristics of the neighborhood. The land use
pattern will not change, as the stream margin review
standards for the zone districts will not be affected. The
review process will be more efficient and streamlined with the
same outcome as today's regulations would yield.
D. The effect of the proposed amendment on traffic generation and road safety.
➢ Sta_ff Finding:
o There will be no effect or negative impacts of these proposed
amendments on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
➢ Staff Finding:
o The proposed amendments will not result in changed to the
demands of publicfacilities.
F Whether the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
➢ Sta_ff Finding:
o Staff finds the proposed amendments will not have a
significant impact on the natural environment. Stafffeels that
the Stream Margin Review Standards are objective enough
that there is not a lot of decision -making involved in the
stream margin review process. There should be no difference
in the impact on the environment if staff is reviewing an
application as opposed to the Planning and Zoning
Commission reviewing the same application. Many of the
conditions of approval on Stream Margin Reviews are asked
for by the referral agencies and are standard conditions of
approval. Staff still intends to refer Stream Margin Review
Applications to the other pertinent City departments and place
conditions on the administrative approvals of Stream Margin
Reviews. The proposed code amendments shall have no
impact on the natural environment.
G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
➢ Sta_ff Finding:
o Staff finds that the proposed amendment will not effect the
community character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
➢ Staff Finding:
o Staff finds that no specific subject parcel or specific
neighborhood is the subject of this code amendment and
therefore the criterion does not apply.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
➢ Staff Finding:
o Staff finds that the proposed amendment will not conflict
with the public interest. Staff feels that the proposed changes
in the Stream Margin Review Process will be to the benefit of
the public. An administrative process will be more efficient
and save applicants time because it alleviates the need to wait
to get on a Planning and Zoning Commission Agenda. The
proposed amendment would also free up Planning and
Zoning Commission Agenda time that can be used to review
and handle other types of land use reviews. Staff believes
that applicants will be more informed about their
development potential in stream margin areas on the Roaring
Fork River prior to going through the review if the Stream
Margin Map, generated by Sopris Engineering, is adopted as
the official top of slope and high water lines for the Roaring
Fork River. This will benefit the public interest.
C!
Staff is proposing to amend all the sections in the Aspen Land Use Code that
referenced the process of a Stream Margin Review. Staff proposes to repeal Section
26.435.040, Stream Margin Review, in it's entirety and replace it with the following
Code Language. The following proposed language accomplishes the following four
objectives, (1) reorganizes the Stream Margin Review Section into a logical sequence,
(2) gives the Community Development Director Review Authority for Stream Margin
Review on properties located on the Roaring Fork River, (3) adopts the Stream Margin
Map as the top of slope for properties on the Roaring Fork River, and (4) sets up a
process for the appeal of the Community Development Director's determination.
Proposed new language is italicized and in bold. Language in the current Stream
Margin Review Section that is not new but is being reorganized is not italicized in the
following proposed code language.
26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high water line
of the Roaring Fork River and its tributary streams, and to all development within the 100-
year flood plain.
B. Exemptions. The Community Development Director may exempt the following types
of development within the Stream Margin Review area:
Construction of pedestrian or automobile bridges, public trails, or structures for
irrigation, drainage, flood control or water diversion, bank stabilization
provided plans and specifications are submitted to the City Engineer
demonstrating that the structure is engineered to prevent blockage of drainage
channels during peak flows and the Community Development Director
determines the proposed structure complies, to the extent practical, with the
Stream Margin Review Standards.
2. Construction of improvements essential for public health and safety which
cannot be reasonably accommodated outside of the "no development area"
prescribed by this Section including, but not limited to, potable water systems,
sanitary sewer, utilities, and fire suppression systems provided the Community
Development Director determines the development complies, to the extent
practical, with the Stream Margin Review Standards.
The expansion, remodeling, or reconstruction of an existing development
provided the following standards are met:
a. The development does not add more than ten (10) percent to the floor
area of the existing structure or increase the amount of building area exempt
from floor area calculations by more than twenty-five (25) percent. All
stream margin exemptions are cumulative. Once a development reaches these
•
•
totals, a Stream Margin Review by the Community Development Director or
the Planning and Zoning Commission is required; and,
b. The development does not require the removal of any tree for which a permit
would be required pursuant to Chapter 13.20 of this Code.
c. 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;
i. The development does not fall outside of an approved building
envelope if one has been designated through a prior review; and
ii. The expansion, remodeling or reconstruction will cause no increase to
the amount of ground coverage of structures within the 100 year flood
plain.
C. Stream Margin Review Standards. No development shall be permitted within the
Stream Margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set forth
below. No Development shall be permitted within the Stream Margin of the tributaries of
the Roaring Fork River unless the Planning and Zoning Commission makes a
determination that the proposed development complies with all requirements set forth
below.
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; and
2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open
Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in
the proposed plan for development, to the greatest extent practicable. Areas of
historic public use or access shall be dedicated via a recorded easement for public
use. A fisherman's easement granting public fishing access within the high water
boundaries of the river course shall be granted to the greatest extent possible via a
recorded "Fisherman's Easement;" and,
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 Section 26.435.040(F)(I).
IN
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; and
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; and
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; and
7. Copies are provided of all necessary federal and state permits relating to work
within the one -hundred -year floodplain; and
8. There is no development other than approved native vegetation planting within
fifteen (15) feet back 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.
9. All development outside the fifteen (15) foot setback from the top of slope does
not exceed a height delineated by a line drawn at a forty-five (45) degree angle
from ground level at the top of slope. Height shall be measured and determined by
the Community Development Director using the definition for height set forth at
Section 26.04.100 and method of calculating height set forth at Section
26.575.020, as shown in Figure "A".
/dee
degree
3�Top of
Slope
Setback
e Foot
Set _ y
back 'I
,- Figure "A"
7
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10. All exterior lighting is low and downcast with no light(s) 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; and
11. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3)
D. Appeal of Director's Determination.
An appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination made by the Community Development
Director, shall be reviewed as a Special Review pursuant to subsection E, below. In
this case, the Community Development Director's finding shall be forwarded as a
recommendation and a new application need not be filed.
E. Special Review.
An application requesting a variance from the Stream Margin Review Standards, or
an appeal of the Stream Margin Map's top of slope determination, shall be
processed as a Special Review in accordance with Common Development Review
Procedure set forth in Section 26.304. The Special Review shall be considered at a
public hearing for which notice has been published, posted and mailed, pursuant to
Section 26.304.060(E)(3)(a b, and c). Review is by the Planning and Zoning
Commission.
A Special Review from the Stream Margin Review Determination may be approved,
approved with conditions, or denied based on 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
2. The proposed development meets the Stream Margin Review Standards) upon
which the Community Development Director had based the finding of denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permitfor a property within the stream margin review
area, the following mist be submitted:
1. The applicant shall record a site improvement plat with topography prepared
by a Colorado licensed, professional surveyor showing the building envelope
determined by the Community Development Director based on the Stream
Margin Review Map located in the Community Development Department.
2. Site sections drawn by a registered architect, landscape architect, or engineer
shall be submitted showing all existing and proposed site elements, the top of
slope, and pertinent elevations above sea level.
The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain
in place until the issuance of Certificates of Occupancy.
Section 26.435.020, Authority, must also be amended to be consistent in giving the
Community Development Director the review authority in Stream Margin Reviews on
the Roaring Fork River. The section is stated below with the old language having a
"strike out" through it and the new language documented in bold and italics , as
follows:
Original Text:
26.435.020 Authority.
Following the receipt of a recommendation from the Community Development
Department, the Planning and Zoning Commission, in accordance with the procedures,
standards and limitations of this Chapter, shall by resolution approve, approve with
conditions, or disapprove a development application for development in an environmentally
sensitive area (ESA).
The Community Development Director, in accordance with the procedures, standards
and limitations of this Chapter, shall approve, approve with conditions, or disapprove a
development application for exempt development in an environmentally sensitive area (ESA).
New Text:
26.435.020 Authority.
Following the receipt of a recommendation from the Community Development
Department, the Planning and Zoning Commission, in accordance with the procedures,
standards and limitations of this Chapter, shall by resolution approve, approve with
conditions, or disapprove a development application for development in an environmentally
sensitive area (ESA), with the exception of development within a stream margin of the
Roaring Fork River. Development within a stream margin of the Roaring Fork River shall
be reviewed by the Community Development Director. The Community Development
Director, in accordance with procedure, standards, and limitations of this Chapter, shall
approve, approve with conditions, or disapprove an application for development in the
stream margin.
The Community Development Director, in accordance with the procedures,
standards and limitations of this Chapter, shall approve, approve with conditions, or
disapprove a development application for exempt development in an environmentally
sensitive area (ESA).
9
Staff concludes that the proposed code amendments to the Stream Margin Review
Process have been reviewed per Section 26.310.040 Standards of Review. Staff finds
that the proposed amendments will make the review process more efficient for both
applicants and the City of Aspen without compromising the thoroughness or
importance of the Stream Margin Review. Staff feels that by adopting the Stream
Margin Map as the official determination of top of slope and high water line, it will rid
the stream margin review process of subjective determinations in regards to this
matter. This will enable the review process to be approved at an administrative level
because the review will be completely based on whether or not the applicant meets the
standards much like the review of Accessory Dwelling Units are currently handled.
The Planning and Zoning Commission recommends that the City Council approve the
proposed code amendments to the stream margin review section as proposed.
STAFF RECOMMENDATIONS
Staff recommends approval of the Proposed Code Amendments to Section 26.435, Stream
Margin Review, that will allow for the Community Development Director to be the review
authority on Roaring Fork River Stream Margin Review Applications and the adoption of the
Stream Margin Map as the official determination of top of slope and high water line.
PLANNING AND ZONING COMMISSION RECOMMENDATION
The Planning and Zoning Commission recommends that City Council approve the Proposed
Code Amendments to Section 26.435, Stream Margin Review.
Recommended Motion:
"I move to approve Ordinance No.� Series of 2001, approving Code Amendments to the
City Land Use Code that will reorganize the Stream Margin Review Section, give the
Community Development Director decision -making authority on Roaring Fork River Stream
Margin Review Applications and the adoption of the Stream Margin Map as the official
determination of top of slope and the high water line for properties on the Roaring Fork River.
ATTACHMENTS:
Exhibit A- Planning and Zoning Commission Resolution No. 43, Series of 2001.
10
ORDINANCE NO.45
(SERIES OF 2001)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO AMEND SECTION 26.435.020, AUTHORITY, AND TO REPEAL
SECTION 26.435.040, STREAM MARGIN REVIEW, AND ENACT
REORGANIZED TEXT THAT AMENDS THE STREAM MARGIN REVIEW
PROCESS FOR PROPERTIES ON THE ROARING FORK RIVER TO A REVIEW
BY THE COMMUNITY DEVELOPMENT DIRECTOR, AND ADOPT THE
STREAM MARGIN MAP AS THE OFFICIAL DETERMINATION OF TOP OF
SLOPE AND HIGH WATER LINE OF THE ROARING FORK RIVER, AND TO
CLARIFY REVIEW STANDARDS TO THE STREAM MARGIN REIVEW.
WHEREAS, the Community Development Department proposed an application
for an amendment to Title 26, the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or deny a Code
Amendment application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Community Development Department pursuant to
Section 26.430.020; Final action shall be by the City Council after reviewing and
considering the recommendations; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments application to change the Stream Margin Review Process for properties on
the Roaring Fork River to a review by the Community Development Director pursuant to
Section 26.310.040 and recommended approval; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing to
consider the proposed code amendments, took and considered public testimony and the
recommendation of the Community Development Director and recommended by a seven
to zero (7-0) vote, that City Council adopt the proposed Code Amendments that change
the Stream Margin Review Process for properties on the Roaring Fork River to a review
by the Community Development Director, reorganize the code section, and adopt the
Stream Margin Map created by Sopris Engineering as the official determination in
regards to top of slope and high water line for properties on the Roaring Fork River as
described in P & Z Resolution No. 43, Series of 2001; and,
WHEREAS, the Planning and Zoning Commission found that the Code
Amendments proposal meets or exceeds all applicable amendment standards and that the
approval of the Code Amendments, are consistent with the goals and elements of the Aspen
Area Community Plan; and,
Ordinance No._, Series of 2001
Page 1 of 1
WHEREAS, City Council reviewed and considered the recommendations of the
Community Development Director, the Planning and Zoning Commission, and members of
the public during a duly noticed public hearing; and,
WHEREAS, the City Council finds that the proposed code amendments to Sections
26.435, Environmental Sensitive Areas, and 26.435.040, Stream Margin Review, meets or
exceeds all applicable amendment standards and that the approval of the Code
Amendments, are consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE
CITY OF ASPEN:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment application to amend the review authority of the Stream Margin
Review to a review by the Community Development Director in Section 26.435.020,
Authority, is hereby amended to read as follows:
Section 26.435.020: Authority. Following the receipt of the recommendation
from the Community Development Department, the Planning and Zoning
Commission, in accordance with the procedures, standards and limitations of this
Chapter, shall by resolution approve, approve with conditions, or disapprove a
development application for development in an environmentally sensitive area
(ESA), with the exception of development within a stream margin of the Roaring
Fork River. Development within this stream margin of the Roaring Fork River
shall be reviewed by the Community Development Director. The Community
Development Director, in accordance with the procedures, standards, and
limitations of this Chapter, shall approve, approve with conditions, or disapprove
an application for development in the stream margin.
The Community Development Director, in accordance with the procedures,
standards and limitations of this Chapter, shall approve, approve with conditions,
or disapprove a development application for exempt development in an
environmentally sensitive area (ESA).
Ordinance No._, Series of 2001
Page 2 of 2
•
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Section 2
That Section 26.435.040, Stream Margin Review, be repealed and enact the code
language in Section 3.
Section 3
That the Code Amendment application to amend the (1) review authority of the Stream
Margin Review to a review by the Community Development Director, (2) adopt the
Stream Margin Map as the official top of slope and 100 year flood plain, (3) establish
an appeal process for administrative stream margin determinations, and (4) reorganize
the Stream Margin Review Section is approved and Land Use Code Section
26.435.040, Stream Margin Review, is hereby amended to read as follows
26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high water
line of the Roaring Fork River and its tributary streams, and to all development within the
100-year flood plain.
B. Exemptions. The Community Development Director may exempt the following
types of development within the Stream Margin Review area:
1. Construction of pedestrian or automobile bridges, public trails, or
structures for irrigation, drainage, flood control or water diversion, bank
stabilization provided plans and specifications are submitted to the City
Engineer demonstrating that the structure is engineered to prevent
blockage of drainage channels during peak flows and the Community
Development Director determines the proposed structure complies, to the
extent practical, with the Stream Margin Review Standards.
2. Construction of improvements essential for public health and safety which
cannot be reasonably accommodated outside of the "no development area"
prescribed by this Section including, but not limited to, potable water
systems, sanitary sewer, utilities, and fire suppression systems provided
the Community Development Director determines the development
complies, to the extent practical, with the Stream Margin Review
Standards.
The expansion, remodeling, or reconstruction of an existing development
provided the following standards are met:
a. The development does not add more than ten (10) percent to the
floor area of the existing structure or increase the amount of
building area exempt from floor area calculations by more than
twenty-five (25) percent. All stream margin exemptions are
cumulative. Once a development reaches these totals, a Stream
Ordinance No._, Series of 2001
Page 3 of 3
Margin Review by the Community Development Director or
Planning and Zoning Commission is required; and,
b. The development does not require the removal of any tree for
which a permit would be required pursuant to Chapter 13.20 of this
Code.
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;
i. The development does not fall outside of an approved
building envelope if one has been designated through a
prior review; and
ii. The expansion, remodeling or reconstruction will cause no
increase to the amount of ground coverage of structures
within the 100 year flood plain.
C. Stream Margin Review Standards. No development shall be permitted within the
Stream Margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set
forth below. No Development shall be permitted within the Stream Margin of the
tributaries of the Roaring Fork River unless the Planning and Zoning Commission make a
determination that the proposed development complies with all requirements set forth
below.
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; and
2. The recommendations of the Aspen Area Community Plan:
Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River
Greenway Plan are implemented in the proposed plan for development, to the
greatest extent practicable. Areas of historic public use or access shall be
dedicated via a recorded easement for public use. A fisherman's easement
granting public fishing access within the high water boundaries of the river
course shall be granted to the greatest extent possible via a recorded
"Fisherman's Easement;" and,
Ordinance No._, Series of 2001
Page 4 of 4
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 Section 26.435.040(F)(1).
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; and
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; and
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; and
7. Copies are provided of all necessary federal and state permits relating to work
within the one -hundred -year floodplain; and
There is no development other than approved native vegetation planting
within fifteen (15) feet back 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.
9. All development outside the fifteen (15) foot setback from the top of slope
does not exceed a height delineated by a line drawn at a forty-five (45) degree
angle from ground level at the top of slope. Height shall be measured and
determined by the Community Development Director using the definition for
height set forth at Section 26.04.100 and method of calculating height set forth
at Section 26.575.020, as shown in Figure "A".
Ordinance No._, Series of 2001
Page 5 of 5
s
•
45 degree
progrees I ve
height
licit �
d�
Top of
Stops
is Foot Li
Setback
- Figure "A"
10. All exterior lighting is low and downcast with no light(s) 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; and
11. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3)
D. Appeal of Director's Determination.
An appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination made by the Community Development
Director, shall be reviewed as a Special Review pursuant to subsection E, below.
In this case, the Community Development Director's finding shall be forwarded
as a recommendation and a new application need not be filed.
E. Special Review.
An application requesting a variance from the Stream Margin Review Standards,
or an appeal of the Stream Margin Map's top of slope determination, shall be
processed as a Special Review in accordance with Common Development Review
Procedure set forth in Section 26.304. The Special Review shall be considered at
a public hearing for which notice has been published, posted and mailed, pursuant
to Section 26.304.060(E)(3)(a, b, and c). Review is by the Planning and Zoning
Commission.
A Special Review from the Stream Margin Review Determination may be
approved, approved with conditions, or denied based on 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
Ordinance No._, Series of 2001
Page 6 of 6
•
E
2. The proposed development meets the Stream Margin Review Standard(s)
upon which the Community Development Director had based the finding of
denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permit for a property within the stream margin
review area, the following must be submitted:
1. The applicant shall record a site improvement plat with topography
prepared by a Colorado licensed, professional surveyor showing the
building envelope determined by the Community Development Director
based on the Stream Margin Review Map located in the Community
Development Department.
2. Site sections drawn by a registered architect, landscape architect, or
engineer shall be submitted showing all existing and proposed site
elements, the top of slope, and pertinent elevations above sea level.
3. The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain in
place until the issuance of Certificates of Occupancy.
Section 4•
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 6•
A public hearing on the Ordinance shall be held on the 17th day of December, 2001, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing a public notice of the same shall be published in a newspaper of
general circulation within the City of Aspen.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen at on this 26th day of November, 2001.
Ordinance No._, Series of 2001
Page 7 of 7
•
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed and approved this 171" day of December, 2001
ATTEST:
Kathryn S. Koch, City Clerk
Approved as to form:
John Worcester, City Attorney
Ordinance No._, Series of 2001
Page 8 of 8
Helen Kalin Klanderud, Mayor
9 9 Eyk,'kiT 'A ,/
RESOLUTION NO. 43
(SERIES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A
CODE AMENDMENT TO LAND USE CODE SECTION 26.435.020, AUTHORITY,
AND AN AMENDMENT THAT REPEALS SECTION 26.435.040, STREAM
MARGIN REVIEW, AND ENACTS REORGANIZED TEXT THAT AMENDS THE
STREAM MARGIN REVIEW PROCESS FOR PROPERTIES ON THE ROARING
FORK RIVER TO A REVIEW BY THE COMMUNITY DEVELOPMENT
DIRECTOR, AND ADOPTS THE STREAM MARGIN MAP AS THE OFFICIAL
DETERMINATION OF TOP OF SLOPE AND HIGH WATER LINE OF THE
ROARING FORK RIVER, AND TO CLARIFY REVIEW STANDARDS TO THE
STREAM MARGIN REVVEW, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, the Community Development Department proposed an application
for an amendment to Title 26, the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or deny a Code
Amendment application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Community Development Department pursuant to
Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments application to change the Stream Margin Review Process for properties on
the Roaring Fork River to a review by the Community Development Director pursuant to
Section 26.310.040 and recommended approval; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and took
public testimony for Code Amendments that would change the Stream Margin Review
Process for properties on the Roaring Fork River to a review by the Community
Development Director, reorganize the code section, and adopt the Stream Margin Map
created by Sopris Engineering as the official determination in regards to top of slope and
high water line for properties on the Roaring Fork River; and,
WHEREAS, the Planning and Zoning Commission finds that the Code
Amendments proposal meets or exceeds all applicable amendment standards and that the
approval of the Code Amendments, is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
•
11
WHEREAS, during a public hearing on November 6, 2001, the Planning and
Zoning Commission recommended, by a 7 to 0 (7-0) vote, that the City Council approve
the amendments to Section 26.435.020, Authority, Section 26.435.040(B)(3), Stream
Margin Exemptions, and Section 26.435.040(C), Stream Margin Review Standards as
proposed by the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment application to amend the review authority of the Stream Margin
Review to a review by the Community Development Director in Section 26.435.020,
Authority, is approved as noted below:
Section 26.435.020: Authority. Following the receipt of the recommendation
from the Community Development Department, the Planning and Zoning
Commission, in accordance with the procedures, standards and limitations of this
Chapter, shall by resolution approve, approve with conditions, or disapprove a
development application for development in an environmentally sensitive area
(ESA), with the exception of development within a stream margin of the Roaring
Fork River. Development within this stream margin of the Roaring Fork River
shall be reviewed by the Community Development Director. The Community
Development Director, in accordance with the procedures, standards, and
limitations of this Chapter, shall approve, approve with conditions, or disapprove
an application for development in the stream margin.
The Community Development Director, in accordance with the procedures,
standards and limitations of this Chapter, shall approve, approve with conditions,
or disapprove a development application for exempt development in an
environmentally sensitive area (ESA).
Section 2
That Section 26.435.040 be repealed and enact the code language in Section 3.
Section 3
That the Code Amendment application to amend the (1) review authority of the Stream
Margin Review to a review by the Community Development Director, (2) adopt the
Stream Margin Map as the official top of slope and 100 year flood plain, (3) establish
an appeal process for administrative stream margin determinations, and (4) reorganize
the Stream Margin Review Section is approved as noted below:
9
26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high water
line of the Roaring Fork River and its tributary streams, and to all development within the
100-year flood plain.
B. Exemptions. The Community Development Director may exempt the following
types of development within the Stream Margin Review area:
Construction of pedestrian or automobile bridges, public trails, or
structures for irrigation, drainage, flood control or water diversion, bank
stabilization provided plans and specifications are submitted to the City
Engineer demonstrating that the structure is engineered to prevent
blockage of drainage channels during peak flows and the Community
Development Director determines the proposed structure complies, to the
extent practical, with the Stream Margin Review Standards.
2. Construction of improvements essential for public health and safety which
cannot be reasonably accommodated outside of the "no development area"
prescribed by this Section including, but not limited to, potable water
systems, sanitary sewer, utilities, and fire suppression systems provided
the Community Development Director determines the development
complies, to the extent practical, with the Stream Margin Review
Standards.
3. The expansion, remodeling, or reconstruction of an existing development
provided the following standards are met:
a. The development does not add more than ten (10) percent to the
floor area of the existing structure or increase the amount of
building area exempt from floor area calculations by more than
twenty-five (25) percent. All stream margin exemptions are
cumulative. Once a development reaches these totals, a Stream
Margin Review by the Community Development Director or
Planning and Zoning Commission is required; and,
The development does not require the removal of any tree for
which a permit would be required pursuant to Chapter 13.20 of this
Code.
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
ii. The expansion, remodeling or reconstruction will cause no
increase to the amount of ground coverage of structures
within the 100 year flood plain.
C. Stream Margin Review Standards. No development shall be permitted within the
Stream Margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set
forth below. No Development shall be permitted within the Stream Margin of the
tributaries of the Roaring Fork River unless the Planning and Zoning Commission make a
determination that the proposed development complies with all requirements set forth
below.
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; and
2. The recommendations of the Aspen Area Community Plan:
Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River
Greenway Plan are implemented in the proposed plan for development, to the
greatest extent practicable. Areas of historic public use or access shall be
dedicated via a recorded easement for public use. A fisherman's easement
granting public fishing access within the high water boundaries of the river
course shall be granted to the greatest extent possible via a recorded
"Fisherman's Easement;" and,
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 Section 26.435.040(F)(1).
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; and
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; and
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; and
7. Copies are provided of all necessary federal and state permits relating to work
within the one -hundred -year floodplain; and
8. There is no development other than approved native vegetation planting
within fifteen (15) feet back 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.
9. All development outside the fifteen (15) foot setback from the top of slope
does not exceed a height delineated by a line drawn at a forty-five (45) degree
angle from ground level at the top of slope. Height shall be measured and
determined by the Community Development Director using the definition for
height set forth at Section 26.04.100 and method of calculating height set forth
at Section 26.575.020.
10. All exterior lighting is low and downcast with no light(s) 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; and
11. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3)
D. Appeal of Director's Determination.
An appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination made by the Community Development
Director, shall be reviewed as a Special Review pursuant to subsection E, below.
In this case, the Community Development Director's finding shall be forwarded
as a recommendation and a new application need not be filed.
E. Special Review.
An application requesting a variance from the Stream Margin Review Standards,
or an appeal of the Stream Margin Map's top of slope determination, shall be
processed as a Special Review in accordance with Common Development Review
Procedure set forth in Section 26.304. The Special Review shall be considered at
a public hearing for which notice has been published, posted and mailed, pursuant
to Section 26.304.060(E)(3)(a, b, and c). Review is by the Planning and Zoning
Commission.
A Special Review from the Stream Margin Review Determination may be
approved, approved with conditions, or denied based on 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
2. The proposed development meets the Stream Margin Review Standard(s)
upon which the Community Development Director had based the finding of
denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permit for a property within the stream margin
review area, the following must be submitted:
1. The applicant shall record a site improvement plat with topography
prepared by a Colorado licensed, professional surveyor showing the
building envelope determined by the Community Development Director
based on the Stream Margin Review Map located in the Community
Development Department.
2. Site sections drawn by a registered architect, landscape architect, or
engineer shall be submitted showing all existing and proposed site
elements, the top of slope, and pertinent elevations above sea level.
The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain in
place until the issuance of Certificates of Occupancy.
Section 4:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 5•
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on November 6, 2001.
APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
Jasmine Tygre, Chair
0 A PP
RESOLUTION NO.43
(SERIES OF 2001)
A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING
COMMISSION RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A
CODE AMENDMENT TO LAND USE CODE SECTION 26.435.020, AUTHORITY,
AND AN AMENDMENT THAT REPEALS SECTION 26.435.040, STREAM
MARGIN REVIEW, AND ENACTS REORGANIZED TEXT THAT AMENDS THE
STREAM MARGIN REVIEW PROCESS FOR PROPERTIES ON THE ROARING
FORK RIVER TO A REVIEW BY THE COMMUNITY DEVELOPMENT
DIRECTOR, AND ADOPTS THE STREAM MARGIN MAP AS THE OFFICIAL
DETERMINATION OF TOP OF SLOPE AND HIGH WATER LINE OF THE
ROARING FORK RIVER, AND TO CLARIFY REVIEW STANDARDS TO THE
STREAM MARGIN REIVEW, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, the Community Development Department proposed an application
for an amendment to Title 26, the City of Aspen Land Use Code; and,
WHEREAS, pursuant to Sections 26.310.040, the Planning and Zoning
Commission, in accordance with the procedures, standards, and limitations of this
Chapter, shall by resolution approve, approve with conditions, or deny a Code
Amendment application for Amendment to the Land Use Code and Official Zone District
Map, after recommendation by the Community Development Department pursuant to
Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments application to change the Stream Margin Review Process for properties on
the Roaring Fork River to a review by the Community Development Director pursuant to
Section 26.310.040 and recommended approval; and,
WHEREAS, the Planning and Zoning Commission conducted a public hearing,
considered the recommendation of the Community Development Director and took
public testimony for Code Amendments that would change the Stream Margin Review
Process for properties on the Roaring Fork River to a review by the Community
Development Director, reorganize the code section, and adopt the Stream Margin Map
created by Sopris Engineering as the official determination in regards to top of slope and
high water line for properties on the Roaring Fork River; and,
WHEREAS, the Planning and Zoning Commission finds that the Code
Amendments proposal meets or exceeds all applicable amendment standards and that the
approval of the Code Amendments, is consistent with the goals and elements of the Aspen
Area Community Plan; and,
WHEREAS, the Aspen Planning and Zoning Commission finds that this Resolution
furthers and is necessary for the promotion of public health, safety, and welfare.
WHEREAS, during a public hearing on November 6, 2001, the Planning and
Zoning Commission recommended, by a 7 to 0 (7-0) vote, that the City Council approve
the amendments to Section 26.435.020, Authority, Section 26.435.040(B)(3), Stream
Margin Exemptions, and Section 26.435.040(C), Stream Margin Review Standards as
proposed by the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN
PLANNING AND ZONING COMMISSION as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment application to amend the review authority of the Stream Margin
Review to a review by the Community Development Director in Section 26.435.020,
Authority, is approved as noted below:
Section 26.435.020: Authority. Following the receipt of the recommendation
from the Community Development Department, the Planning and Zoning
Commission, in accordance with the procedures, standards and limitations of this
Chapter, shall by resolution approve, approve with conditions, or disapprove a
development application for development in an environmentally sensitive area
(ESA), with the exception of development within a stream margin of the Roaring
Fork River. Development within this stream margin of the Roaring Fork River
shall be reviewed by the Community Development Director. The Community
Development Director, in accordance with the procedures, standards, and
limitations of this Chapter, shall approve, approve with conditions, or disapprove
an application for development in the stream margin.
The Community Development Director, in accordance with the procedures,
standards and limitations of this Chapter, shall approve, approve with conditions,
or disapprove a development application for exempt development in an
environmentally sensitive area (ESA).
Section 2
That Section 26.435.040 be repealed and enact the code language in Section 3.
Section 3
That the Code Amendment application to amend the (1) review authority of the Stream
Margin Review to a review by the Community Development Director, (2) adopt the
Stream Margin Map as the official top of slope and 100 year flood plain, (3) establish
an appeal process for administrative stream margin determinations, and (4) reorganize
the Stream Margin Review Section is approved as noted below:
26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high water
line of the Roaring Fork River and its tributary streams, and to all development within the
100-year flood plain.
B. Exemptions. The Community Development Director may exempt the following
types of development within the Stream Margin Review area:
1. Construction of pedestrian or automobile bridges, public trails, or
structures for irrigation, drainage, flood control or water diversion, bank
stabilization provided plans and specifications are submitted to the City
Engineer demonstrating that the structure is engineered to prevent
blockage of drainage channels during peak flows and the Community
Development Director determines the proposed structure complies, to the
extent practical, with the Stream Margin Review Standards.
2. Construction of improvements essential for public health and safety which
cannot be reasonably accommodated outside of the "no development area"
prescribed by this Section including, but not limited to, potable water
systems, sanitary sewer, utilities, and fire suppression systems provided
the Community Development Director determines the development
complies, to the extent practical, with the Stream Margin Review
Standards.
3. The expansion, remodeling, or reconstruction of an existing development
provided the following standards are met:
a. The development does not add more than ten (10) percent to the
floor area of the existing structure or increase the amount of
building area exempt from floor area calculations by more than
twenty-five (25) percent. All stream margin exemptions are
cumulative. Once a development reaches these totals, a Stream
Margin Review by the Community Development Director or
Planning and Zoning Commission is required; and,
b. The development does not require the removal of any tree for
which a permit would be required pursuant to Chapter 13.20 of this
Code.
C. 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
ii. The expansion, remodeling or reconstruction will cause no
increase to the amount of ground coverage of structures
within the 100 year flood plain.
C. Stream Margin Review Standards. No development shall be permitted within the
Stream Margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set
forth below. No Development shall be permitted within the Stream Margin of the
tributaries of the Roaring Fork River unless the Planning and Zoning Commission make a
determination that the proposed development complies with all requirements set forth
below.
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; and
2. The recommendations of the Aspen Area Community Plan:
Parks/Recreation/Open Space/Trails Plan and the Roaring Fork River
Greenway Plan are implemented in the proposed plan for development, to the
greatest extent practicable. Areas of historic public use or access shall be
dedicated via a recorded easement for public use. A fisherman's easement
granting public fishing access within the high water boundaries of the river
course shall be granted to the greatest extent possible via a recorded
"Fisherman's Easement;" and,
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 Section 26.435.040(F)(1).
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; and
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; and
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; and
7. Copies are provided of all necessary federal and state permits relating to work
within the one -hundred -year floodplain; and
There is no development other than approved native vegetation planting
within fifteen (15) feet back 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.
9. All development outside the fifteen (15) foot setback from the top of slope
does not exceed a height delineated by a line drawn at a forty-five (45) degree
angle from ground level at the top of slope. Height shall be measured and
determined by the Community Development Director using the definition for
height set forth at Section 26.04.100 and method of calculating height set forth
at Section 26.575.020.
10. All exterior lighting is low and downcast with no light(s) 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; and
11. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3)
D. Appeal of Director's Determination.
An appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination made by the Community Development
Director, shall be reviewed as a Special Review pursuant to subsection E, below.
In this case, the Community Development Director's finding shall be forwarded
as a recommendation and a new application need not be filed.
E. Special Review.
An application requesting a variance from the Stream Margin Review Standards,
or an appeal of the Stream Margin Map's top of slope determination, shall be
processed as a Special Review in accordance with Common Development Review
Procedure set forth in Section 26.304. The Special Review shall be considered at
a public hearing for which notice has been published, posted and mailed, pursuant
to Section 26.304.060(E)(3)(a, b, and c). Review is by the Planning and Zoning
Commission.
A Special Review from the Stream Margin Review Determination may be
approved, approved with conditions, or denied based on 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
2. The proposed development meets the Stream Margin Review Standard(s)
upon which the Community Development Director had based the finding of
denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permit for a property within the stream margin
review area, the following must be submitted:
The applicant shall record a site improvement plat with topography
prepared by a Colorado licensed, professional surveyor showing the
building envelope determined by the Community Development Director
based on the Stream Margin Review Map located in the Community
Development Department.
2. Site sections drawn by a registered architect, landscape architect, or
engineer shall be submitted showing all existing and proposed site
elements, the top of slope, and pertinent elevations above sea level.
The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain in
place until the issuance of Certificates of Occupancy.
Section 4:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approvals as herein awarded, whether in public hearing or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 5:
This Resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6•
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Approved by the Commission at its regular meeting on November 6, 2001.
APPROVED AS TO FORM:
City Attorney
ATTEST:
Jackie Lothian, Deputy City Clerk
PLANNING AND ZONING COMMISSION:
Jasmine Tygre, Chair
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MEMORANDUM
To: Aspen Planning and Zoning Commission
THRU: Julie Ann Woods, Community Development Director �� V
Joyce Ohlson, Deputy Director
FROM: James Lindt, Planning Technician 7�
RE: Proposed Amendments to the Stream Margin Review Process and Review
Standards, Sectio 26.435.040 — Code Amendment. Public Hearing
Resolution No. Series of 2001
DATE: November 6, 2001
APPLICANT:
City of Aspen Community Development
Department
PROPOSED AMENDMENT:
The Community Development Staff
proposes to amend the Stream Margin
Review Process with the overall intent of
clarifying and streamlining the review
process. The proposed amendments to
Section 26.435.040, Stream Margin
Review, are intended to change the Stream
Margin Review process for properties only
on the Roaring Fork River from a Planning
and Zoning Commission process to an
administrative review process in order to
handle what staff feels is a "technical'
review more suited for staff review versus
the more substantial, quasi-judicial
reviews by the Planning and Zoning
Commission.
This change will also have a secondary
benefit of freeing up agenda space and
saving applicants the unnecessary time and
money of going through a board review
process. The Stream Margin Review
Standards are also proposed to be changed
to utilize a newly created map of the
Roaring Fork River to determine top of
slope and mean high water line for the
properties along the Roaring Fork River.
Other amendments in this section are
proposed to update, reorganize and clarify
the current review standards.
SUMMARY:
The Community Development Department Staff is
proposing code amendments to Section
26.435.040, Stream Margin Review, to change the
stream margin review from a Planning and Zoning
Commission Review to an Administrative Review
by the Community Development Director. As a
work program item, City Council directed staff to
have the top of slope and high water line of the
Roaring Fork River mapped from the eastern edge
of the City limits to the Slaughter House Bridge on
the western City limits. The aforementioned map
is proposed to be adopted and utilized to determine
the top of slope and the high water line on all
Stream Margin Review Applications. A process to
appeal the map determination of the top of slope is
also put in place through the proposed code
amendments. The proposed amendments also
include a reorganization of the existing review
standards but not a substantial change to them..
The Stream Margin Review Standards are mainly
technical in their existing state and require an
applicant to meet set requirements that are not
subjective of discretionary. Because of the
objective nature of the standards, staff believes that
the Stream Margin Review Process for properties
on the Roaring Fork River could be reviewed as
effectively and accurately at an administrative
level. Therefore, the Community Development
staff proposes the following code amendments to
the Stream Margin Review Section of the City of
Aspen Land Use Code.
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C.
Process:
Amendment to the Land Use Code and Official Zone District Map
➢ To determine if the application meets the standards for an amendment to the code
text or official zone district map.
➢ Planning Commission makes a recommendation to City Council.
Review
In reviewing an amendment to the text of this Title or an amendment to the official zone
district map, the City Council and the Planning and Zoning Commission shall consider:
A. Whether the proposed amendment is in conflict with any applicable portions of this
Title.
➢ Staff Findin
o The changes regarding the proposed amendment would be
made throughout Title 26 so as not to cause a conflict in how
the text reads or what it means. Process changes will be made
throughout the land use code, no conflict is created in that
regard. The section will be reorganized to make it more user
friendly and logically organized.
B. Whether the proposed amendment is consistent with all elements of the Aspen Area
Community Plan.
➢ Staff Finding:
o Staff feels that the proposed amendments will continue to
yield as thorough of a review of the stream margin review as
that currently in place. The protection of environmentally
sensitive areas as desired by the AACP will still be
accomplished. By cutting the number of steps in the stream
margin review process for properties on the Roaring Fork
River, staff feels that it will be more efficient for the applicant
and will save money and time ofgoing through a public
review process. Staff also believes that by utilizing the new
Stream Margin Review Map as the official top of slope and
high water determinations for properties on the Roaring Fork
Rivers, that much of the conflict and dispute between the City
and the applicant over these determinations will be alleviated.
Staff believes that the Stream Margin Review Map generated
by Sopris Engineering is accurate and that substituting it for a
private surveyor's work will not compromise the quality of the
review of the stream margin standards.
C. Whether the proposed amendment is compatible with surrounding zone districts and
land uses, considering existing land use and neighborhood characteristics.
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➢ Staff Finding:
o Staff finds that the proposed amendment is compatible with
the surrounding zone districts and land uses, and will not
change the characteristics of the neighborhood. The land use
pattern will not change, as the stream margin review
standards for the zone districts will not be affected. The
review process will be more efficient and streamlined with the
same outcome as today's regulations would yield.
D. The effect of the proposed amendment on traffic generation and road safety.
➢ Staff Finding:
o There will be no effector negative impacts of these proposed
amendments on traffic generation and road safety.
E. Whether and the extent to which the proposed amendment would result in demands on
public facilities, and whether and the extent to which the proposed amendment would
exceed the capacity of such public facilities, including but not limited to transportation
facilities, sewage facilities, water supply, parks, drainage, schools, and emergency
medical facilities.
➢ Staff Finding:
o The proposed amendments will not result in changed to the
demands of public facilities.
F Whether the extent to which the proposed amendment would result in significantly
adverse impacts on the natural environment.
Staff Finding:
o Staff finds the proposed amendments will not have a
significant impact on the natural environment. Staff feels that
the Stream Margin Review Standards are objective enough
that there is not a lot of decision -making involved in the
stream margin review process. There should be no difference
in the impact on the environment if staff is reviewing an
application as opposed to the Planning and Zoning
Commission reviewing the same application. Many of the
conditions of approval on Stream Margin Reviews are asked
for by the referral agencies and are standard conditions of
approval. Staff still intends to refer Stream Margin Review
Applications to the other pertinent City departments and place
conditions on the administrative approvals of Stream Margin
Reviews. The proposed code amendments shall have no
impact on the natural environment.
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G. Whether the proposed amendment is consistent and compatible with the community
character in the City of Aspen.
y Staff Finding:
o Staff finds that the proposed amendment will not effect the
community character in the City of Aspen.
H. Whether there have been changed conditions affecting the subject parcel or the
surrounding neighborhood which support the proposed amendment.
➢ Staff Finding:
o Staff finds that no specific subject parcel or specific
neighborhood is the subject of this code amendment and
therefore the criterion does not apply.
I. Whether the proposed amendment would be in conflict with the public interest and
whether it is in harmony with the purpose and intent of this Title.
Staff Finding:
o Staff finds that the proposed amendment will not conflict
with the public interest. Staff feels that the proposed changes
in the Stream Margin Review Process will be to the benefit of
the public. An administrative process will be more efficient
and save applicants time because it alleviates the need to wait
to get on a Planning and Zoning Commission Agenda. The
proposed amendment would also free up Planning and
Zoning Commission Agenda time that can be used to review
and handle other types of land use reviews. Staff believes
that applicants will be more informed about their
development potential in stream margin areas on the Roaring
Fork River prior to going through the review if the Stream
Margin Map, generated by Sopris Engineering, is adopted as
the official top of slope and high water lines for the Roaring
Fork River. This will benefit the public interest.
Staff is proposing to amend all the sections in the Aspen Land Use Code that
referenced the process of a Stream Margin Review. Staff proposes to repeal Section
26.435.040, Stream Margin Review, in it's entirety and replace it with the following
Code Language. The following proposed language accomplishes the following four
objectives, (1) reorganizes the Stream Margin Review Section into a logical sequence,
(2) gives the Community Development Director Review Authority for Stream Margin
Review on properties located on the Roaring Fork River, (3) adopts the Stream Margin
Map as the top of slope for properties on the Roaring Fork River, and (4) sets up a
process for the appeal of the Community Development Director's determination.
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Proposed new language is italicized and in bold. Language in the current Stream
Margin Review Section that is not new but is being reorganized is not italicized in the
following proposed code language.
26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin Review shall apply to all
development within one hundred (100) feet, measured horizontally, from the high water line
of the Roaring Fork River and its tributary streams, and to all development within the 100-year
flood plain.
B. Exemptions. The Community Development Director may exempt the following types
of development within the Stream Margin Review area:
1. Construction of pedestrian or automobile bridges, public trails, or structures for
irrigation, drainage, flood control or water diversion, bank stabilization
provided plans and specifications are submitted to the City Engineer
demonstrating that the structure is engineered to prevent blockage of drainage
channels during peak flows and the Community Development Director
determines the proposed structure complies, to the extent practical, with the
Stream Margin Review Standards.
2. Construction of improvements essential for public health and safety which
cannot be reasonably accommodated outside of the "no development area"
prescribed by this Section including, but not limited to, potable water systems,
sanitary sewer, utilities, and fire suppression systems provided the Community
Development Director determines the development complies, to the extent
practical, with the Stream Margin Review Standards.
3. The expansion, remodeling, or reconstruction of an existing development
provided the following standards are met:
a. The development does not add more than ten (10) percent to the floor
area of the existing structure or increase the amount of building area exempt
from floor area calculations by more than twenty-five (25) percent. All
stream margin exemptions are cumulative. Once a development reaches these
totals, a Stream Margin Review by the Community Development Director or
the Planning and Zoning Commission is required; and,
b. The development does not require the removal of any tree for which a permit
would be required pursuant to Chapter 13.20 of this Code.
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;
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i. The development does not fall outside of an approved building
envelope if one has been designated through a prior review; and
ii. The expansion, remodeling or reconstruction will cause no increase to
the amount of ground coverage of structures within the 100 year flood
plain.
C. Stream Margin Review Standards. No development shall be permitted within the
Stream Margin of the Roaring Fork River unless the Community Development Director
makes a determination that the proposed development complies with all requirements set forth
below. No Development shall be permitted within the Stream Margin of the tributaries of
the Roaring Fork River unless the Planning and Zoning Commission makes a
determination that the proposed development complies with all requirements set forth
below.
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; and
2. The recommendations of the Aspen Area Community Plan: Parks/Recreation/Open
Space/Trails Plan and the Roaring Fork River Greenway Plan are implemented in
the proposed plan for development, to the greatest extent practicable. Areas of
historic public use or access shall be dedicated via a recorded easement for public
use. A fisherman's easement granting public fishing access within the high water
boundaries of the river course shall be granted to the greatest extent possible via a
recorded "Fisherman's Easement;" and,
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 Section 26.435.040(F)(1).
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; and
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; and
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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; and
7. Copies are provided of all necessary federal and state permits relating to work
within the one -hundred -year floodplain; and
8. There is no development other than approved native vegetation planting within
fifteen (15) feet back 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.
9. All development outside the fifteen (15) foot setback from the top of slope does
not exceed a height delineated by a line drawn at a forty-five (45) degree angle
from ground level at the top of slope. Height shall be measured and determined by
the Community Development Director using the definition for height set forth at
Section 26.04.100 and method of calculating height set forth at Section
26.575.020.
10. All exterior lighting is low and downcast with no light(s) 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; and
11. There has been accurate identification of wetlands and riparian zones.
(Ord. No. 55-2000, §6, 7; Ord. No. 47-1999, §3)
D. Appeal of Director's Determination.
An appeal of a determination in regards to a Stream Margin Application or in
regards to the top of slope determination made by the Community Development
Director, shall be reviewed as a Special Review pursuant to subsection E, below. In
this case, the Community Development Director's finding shall be forwarded as a
recommendation and a new application need not be filed.
E. Special Review.
An application requesting a variance from the Stream Margin Review Standards, or
an appeal of the Stream Margin Map Is top of slope determination, shall be
processed as a Special Review in accordance with Common Development Review
Procedure set forth in Section 26.304. The Special Review shall be considered at a
public hearing for which notice has been published, posted and mailed, pursuant to
Section 26.304.060(E)(3)(a b, and c). Review is by the Planning and Zoning
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Commission.
A Special Review from the Stream Margin Review Determination may be approved,
approved with conditions, or denied based on 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
2. The proposed development meets the Stream Margin Review Standards) upon
which the Community Development Director had based the finding of denial.
F. Building Permit Submittal Requirements
Prior to receiving a building permit for a property within the stream margin review
area, the following mist be submitted.
1. The applicant shall record a site improvement plat with topography prepared
by a Colorado licensed, professional surveyor showing the building envelope
determined by the Community Development Director based on the Stream
Margin Review Map located in the Community Development Department.
2. Site sections drawn by a registered architect, landscape architect, or engineer
shall be submitted showing all existing and proposed site elements, the top of
slope, and pertinent elevations above sea level.
The building envelope shall be barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain
in place until the issuance of Certificates of Occupancy.
Section 26.435.020, Authority, must also be amended to be consistent in giving the
Community Development Director the review authority in Stream Margin Reviews on
the Roaring Fork River. The section is stated below with the old language having a
"strike out" through it and the new language documented in bold and italics , as
follows:
Original Text:
26.435.020 Authority.
Following the receipt of a recommendation from the Community Development
Department, the Planning and Zoning Commission, in accordance with the procedures,
standards and limitations of this Chapter, shall by resolution approve, approve with
conditions, or disapprove a development application for development in an environmentally
sensitive area (ESA).
The Community Development Director, in accordance with the procedures, standards
and limitations of this Chapter, shall approve, approve with conditions, or disapprove a
development application for exempt development in an environmentally sensitive area (ESA).
New Text:
26.435.020 Authority.
Following the receipt of a recommendation from the Community Development
Department, the Planning hnd Zoning Commission, in accordance with the procedures,
standards and limitations of this Chapter, shall by resolution approve, approve with
conditions, or disapprove a development application for development in an environmentally
sensitive area (ESA), with the exception of development within a stream margin of the
Roaring Fork River. Development within a stream margin of the Roaring Fork River shall
be reviewed by the Community Development Director. The Community Development
Director, in accordance ►vith procedure, standards, and limitations of this Chapter, shall
approve, approve with conditions, or disapprove an application for development in the
stream margin.
The Community Development Director, in accordance with the procedures,
standards and limitations of this Chapter, shall approve, approve with conditions, or
disapprove a development application for exempt development in an environmentally
sensitive area (ESA).
Staff concludes that the proposed code amendments to the Stream Margin Review
Process have been reviewed per Section 26.310.040 Standards of Review. Staff finds
that the proposed amendments will make the review process more efficient for both
applicants and the City of Aspen without compromising the thoroughness or
importance of the Stream Margin Review. Staff feels that by adopting the Stream
Margin Map as the official determination of top of slope and high water line, it will rid
the stream margin review process of subjective determinations in regards to this
matter. This will enable the review process to be approved at an administrative level
because the review will be completely based on whether or not the applicant meets the
standards much like the review of Accessory Dwelling Units are currently handled.
STAFF RECOMMENDATIONS
Staff recommends approval of the Proposed Code Amendments to Section 26.435, Stream
Margin Review, that will allow for the Community Development Director to be the review
authority on Roaring Fork River Stream Margin Review Applications and the adoption of the
Stream Margin Map as the official determination of top of slope and high water line.
Recommended Motion:
"I move to approve Resolution No. Series of 2001, recommending that City Council
approve Code Amendments that will reorganize the Stream Margin Review Section, give the
Community Development Director decision- making authority on Roaring Fork River Stream
Margin Review Applications and the adoption of the Stream Margin Map as the official
determination of top of slope and the high water line for properties on the Roaring Fork River.
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