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Home My WebLink Aboutordinance.council.071-90 ". '4t '. ORDINANCE NO. 71 (Series of 1990) AN ORDINANCE CREATING THE HALLAM LAKE BLUFF ENVIRONMENTALLY SENSITIVE AREA OVERLAY AND ADOPTING DEVELOPMENT REVIEW STANDARDS THEREFOR BY AMENDING CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, AND AMENDING THE OFFICIAL ZONING MAP. WHEREAS, there exists a unique, valuable and fragile nature preserve adjacent to the municipal boundaries of the city of Aspen commonly known as the Aspen Center for Environmental Studies; and WHEREAS, the boundary of the Aspen Center for Environmental Studies nature preserve has in excess of sixty-six percent (66%) contiguity with the municipal boundaries of the City of Aspen; and WHEREAS, development and development activity within those areas of the city of Aspen immediately surrounding and abutting the Aspen Center for Environmental studies presents a threat to the physical, ecological and aesthetic integrity and safety of the nature preserve by alterlng surface runoff and land and slope configuration, lncreasing or introducing noise, light and air pollution in t~e immediate vicinity of the preserve, promoting the destruction of plant and animal habitat, and disturbing and disrupting the delicate balance of existing environmental com- ponents that presently comprise the preserve's ecological pro- flle; and WHEREAS, the Aspen Center for Environmental Studies nature preserve provides a valuable and easlly accessible scenic retreat :e ,e :. and study area for the citizens of the city of Aspen and is a great benefit to residents and vlsitors alike; and WHEREAS, the Plannlng and Zoning commission for the City of Aspen has previously conducted public hearings on the creation of a designated environmentally sensitive overlay district encompas- sing those areas within the City adjacent to the nature reserve; and WHEREAS, on or about October 2, 1990, the Planning and Zonlng commission for the city of Aspen approved and adopted the Hallam Lake Bluff Environmentally Sensitive Area Zoning Map Overlay and corresponding development review standards concerning land use and development within such overlay district; and WHEREAS, the Planning and Zoning commission for the City of Aspen has forwarded lts approvals and recommendations to the city council relevant to the adoption of amendments to the municipal land use code and zoning map so as to implement measures protec- tive of the Aspen Center for Environmental studies nature pre- serve; and WHEREAS, the city council for the City of Aspen has deter- mined that the public health and welfare will be promoted by the creation of an environmentally sensitive overlay district adjacent to the boundaries of the Aspen Center for Environmental Studles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: 2 'e e e section 1 section 3-101, "Definitlons as used in this chapter", of Article 3 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new definitlon, "TOP OF SLOPE", which definition shall read as follows: TOP OF SLOPE means a point or a line connecting at least three (3l points determined by the point of intersection of two 50 foot lines, one line being the level of the existing grade above the slope and the other line being the angle of the existing slope, both lines measured on a site section drawing. section 2 section 5-201 of Division 2, Article 5 of Chapter 24, "Zone Districts, Permitted Uses, Conditional Uses, Dimensional Require- ments", of the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a new provision for minimum side yard setbacks to subsection 5-201.D.5, "Dimensional requirements", setting forth minimum side yard dimensions, which addition shall read as follows: Sec. 5-201.D. Dimensional Requirements. 5. Minimum side yard: [to follow the requirements for lots annexed after 1/1/89.] For purposes of calculating the minimum side yard setback for lots within the Hallam Lake Bluff Environmentally Sensitive Area (ESAl, the area below the top of slope shall be subtracted from lot size. section 3 section 7-401, "Purpose", of Division 4, "Special Review", of Article 7, Chapter 24 of the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: 3 'e ie 'e section 7-401. Purpose. The purpose of special review is to ensure site specific review of dimensional requirements (Art. 5, Div. 2l, off-street parking requirements (Art. 5, D1V. 2 and 3), and all reductions in the dimensions of utility/trash service areas (Art. 5, Div. 2l, and any development not at grade wlthin fifteen feet (15') from the top of slope in the Hallam Lake Bluff ESA (Art. 7, Div. 5), in order to maintain the integrity of the Clty'S zone districts and the compatlbility of the proposed development with surrounding land uses. section 4 section 7-404, "Review Standards for Special Review", of Division 4, "Special Review", of Article 7, Chapter 24 of the Municipal Code of the Clty of Aspen, Colorado, is hereby amended by adding new subsection "D. Hallam Lake Bluff ESA encroachment lnto 15' setback from top of slope or height limit", which subsection shall read as follows: Sec. 7-404.D. Hallam Lake Bluff ESA encroachment into 15' setback from top of slope or height limit. Whenever a special review is for development above or below grade within the 15' setback from top of slope as identified on a site speciflc section drawing or above the height limit established by the ESA, the development application shall be approved only if the following conditions have been met: (1) A unique condition exists on the site where strict adherence to the top of slope setback will create an unworkable design problem. (2l Any intrusion into the top of slope setback or height limlt is minimized to the greatest extent possible. (3l Other parts of the structure or development on the slte are located outside the top of slope setback line or height limit to the greatest extent possible. (4) Landscape treatment is increased to screen the struc- ture or development in the setback from all adjoining properties. 4 '. Ie e section 5 section 7-501, "purpose", of Division 5, "Development In Envlronmentally Sensitive Areas (ESA)", of Article 7, Chapter 24 of the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: Sec. 7-501. Purpose. certain land areas wlthln the City are of particular ecological, environmental, architectural or scenic signiflcance and all development within such areas shall be subject to special review procedures and standards as set forth in this Division 5. These areas shall be known as Environmentally Sensltive Areas (ESAl and shall include the following: A. 8040 Greenline. Areas located at or above 8040 feet mean sea level (the 8040 Greenlinel and including that area extending 150 feet below the 8040 Greenline. Development in these areas shall be subject to heightened review so as to reduce impacts on the natural watershed and surface runoff, minimize air pollutlon, reduce the potential for avalanche, unstable slope, rock fall and mud slide, and aid in the transi- tion of agricultural and forestry land uses to urban uses. Review shall further ensure the availability of utilities and access to any development and that disturbance to existing terrain and natural land features be kept to a minimum. B. Stream Margins. Areas located within 100 feet, mea- sured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the one hundred year flood plain where it extends 100 feet from the high water line of the Roaring Fork River and its tributary streams, or within a flood hazard area (stream marginl. Development in these areas shall be sUbJect to heightened review so as to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of water courses. Review shall encourage development and land uses that preserve and protect existing water courses as important natural features. C. Mountaln View Planes. Designated mountain view planes as set forth in Sec. 7-505 of this Article 7. Develop- ment in these areas shall be sUbject to heightened review so as to protect mountain views from obstruc- 5 e Ie 'e tlon, strengthen the environmental and aesthetic character of the City, maintain property values, and enhance the City's tourist industry by maintaining the City's heritage as a mountain community. D. Hallam Lake Bluff. That bluff area running approxi- mately on a north-south axis bordering and/or overlook- ing the Aspen Center for Environmental Studies nature preserve and bounded on the east by the 7850 foot mean sea level elevation line and extending 100 feet, measured horizontally, up slope and there terminating, and bounded on the north by the southeast lot line of Lot 7A of the Aspen Company Subdivision, and on the south by the centerline of West Francis Street. Development in this area shall be SUbject to heightened review so as to reduce noise and visual impacts on the nature preserve, protect against slope erosion and landslide, minimize impacts on surface runoff, maintaln views to and from the nature preserve, and ensure the aesthetic and historical integrity of Hallam Lake and the nature preserve. section 6 New section 7-506, "Hallam Lake Bluff Review", is hereby added to Division 5, "Development in Environmentally Sensitive Areas (ESAl", of Article 7 of Chapter 24 of the Municipal Code of the city of Aspen, Colorado, such new section to read as follows: Sec. 7-506. Hallam Lake Bluff Review. A. Applicability. All development in that bluff area running approximately on a north-south axis borderlng and/or overlooking the Aspen Center for Environmental Studies nature preserve and bounded on the east by the 7850 foot mean sea level elevation line and extending 100 feet, measured horizontally, up slope and there terminating, and bounded on the north by the southeast lot line of Lot 7A of the Aspen Company SUbdivision, and on the south by the centerline of West Francis Street, shall be subject to the review standards as set forth in this section. B. Exemption. The exterior expansion, remodeling or reconstruction of an existing structure or development, or the removal of trees or shrubbery, shall be exempt 6 e from Hallam Lake Bluff reVlew if the following stan- dards are met. (ll The development takes place more than 30 feet from the top of slope, or the development is obscured from the rear slope by other structures as deter- mined by a site section provided pursuant to review standard C(7) below. C. Hallam Lake Bluff review standards. No development shall be permitted within the Hallam Lake Bluff ESA unless the Commisslon makes a determination that the proposed development meets all of the following requirements: (1) No development, excavation or fill, other than native vegetation planting, shall take place below the top of slope. (2) All development within the 15' setback from the top of slope shall be at grade. Any proposed development not at grade within the 15' setback must be approved by special review pursuant to section 7-404D of this Article 7. e (3) All development outside the 15' setback from top of slope shall not exceed a height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. Height shall be measured and determined by the Zoning Officer utilizing that definition set forth at section 3-101 of this Chapter 24. (4) (5) (6l e A landscape plan shall be submitted with all development applications. Such plan shall lnclude native vegetative screening of no less than 50 percent of the development as viewed from the rear (slopel of the parcel. All vegetatlve screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. All exterior 11ghting shall be low and downcast with no light(s) directed toward the nature preserve or located down the slope. No fill material or debris shall be placed on the face of the slope. Historic drainage patterns and rates must be maintained. Pools or hot tubs cannot be drained down the slope. 7 . e Ie (7) site sections drawn by a registered architect, landscape architect, or engineer shall be sub- mitted showing all existing and proposed Slte elements, the top of slope, and pertinent eleva- tlons above sea level. section 7 section 7-506, "Procedure for Approval of Development in ESA", section 7-507, "Application", and section 7-508, "Condi- tions", of Division 5, "Development in Environmentally Sensitive Areas (ESA)", of Article 7 of Chapter 24 of the Munlcipal Code of the City of Aspen, Colorado, shall be renumbered to read as follows: Sec. 7-507. Procedure for Approval of Development in ESA. Sec. 7-508. Application. Sec. 7-509. Conditions. section 8 The Official Zone District Map for the City of Aspen, Colorado, be and is hereby amended to reflect the Hallam Lake Bluff Environmentally Sensitive Area overlay as depicted on Exhibit "A" attached hereto, and such amendment shall be promptly entered thereon in accordance with section 5-103B of Chapter 24 of the Municipal Code. Sectlon 9 Any development or proposed development in the Hallam Lake Bluff ESA Overly District not vested in accordance with law prior to the effective date of this ordinance shall comply with the 8 '. Ie a '. terms and provisions of the Hallam Lake Bluff ESA development standards as adopted pursuant to this ordinance. section 10 Except as otherwlse provlded in Sectlon 9 above, 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 construed and concluded under such prior ordinances. section 11 If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 12 A public hearing on the ordinance shall be held on the ,1~~ day of :I~ , 1990, in the City Councl1 Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law ~ day of by the city Council ~ of the city of Aspen on the , 1990. -'l'/ p / - ~/;;~ :;( 4~~ William L. Stlrllng, Mayor 9 Iii. . ~\ " .",.<t1II,......- "', - ",,"'" .....' \: '\ \ Exhibit "A" ," . . L I 1. qC)O (j~1. . ,. , . ... O;jl'lo,'to.' ~"J"""" 9<.....""'..1. "'.,.~Ci" I 9"" . , , , 'HALLAM LAKE BLUFF ESA . approximate location of 7850' elevation { 100' wide ESA HALL,UI -... - W. IlLl!:EKO'l Sf. LAKE \ ~ \ ,PUB ~p---4 r--~--' . """ ,,' _ , I I I , , , , , , ::J:: I I I I I I l ..--, It. ....:;., e ,a ., r. ~~Trl'-Esrrl' : J~J~ tcdthryn!y. Koch, City Clerk PTNALlN adopted, 7~ ~ passed and approved this ;'~ day of ATTES'J:' . 4ik Koch, City Clerk , 1990. 4/' c./ ~-r-' ~ C\, /-'\/~ 'I . t' I Wl 11am L. S lrllng, Mayor 10