HomeMy WebLinkAboutcoa.lu.sm.729 E Bleeker St.A67-97
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RESOLUTION OF THE ASPEN PLANNING ANDZ9NING COMMISSION
. FOR THE APPROVAL OF A STREAM MARGIN REVIEW AND SPECIAL
REVIEW FOR A "STREAMBANK STABILIZATION" PROJECT TO BE
CONSTRUCTED BY THE CREEKTREE HOMEOWNER ASSOCIATION IN,
AND ON THE WEST BANK OF, THE ROARING FORK RIVER ADJACENT TO
THE CREEKTREE CONDOMINIUMS, 729 EAST BLEEKER STREET, CITY
OF ASPEN
Resolution #97-~
WHEREAS, the Community Development Department received an application
from the Creektree Homeowners Association, applicant, for a Stream Margin Review and
Special Review to stabilize and armor the streambank of the Roaring Fork River along
the Creektree Condominiums located at 729 East Bleeker Street, across from Herron
Park; and,
WHEREAS, the "Streambank Stabilization" project will protect the residents of
the Creektree Condominium building from further erosion caused by the Roaring Fork
River, especially during abnormally high peak flows; and,
WHEREAS, the subject development is proposed within the river and subject to'
Stream Margin Review pursuant to Section 26.68.040 of the Municipal Code. The
subject development is essential and proposed below the top-of-slope, therefore, subject
to Special Review pursuant to Section 26.64 of the Municipal Code. Development in
conformance with the review criteria of said Sections, may be approved by the Planning
and Zoning Commission; and,
WHEREAS, the City Engineering Department, Parks Department arid
Community Development Department reviewed the proposal and recommended approval
with conditions; and,
WHEREAS, during a hearing at a regular meeting on October 7, 1997, the
Planning and Zoning Commission approved by a 7-0 vote the Stream Margin Review and
Special Review for the proposed "streambank stabilization" with the conditions
recommended by the Community Development Department, as amended by the
Commission during the hearing.
NOW, THEREFORE BE IT RESOLVED by the Commission:
1. For this project, this signed Planning and Zoning Resolution shall actas a building permit,
enforceable by the Community Development Department. Failure to adhere to the conditions
of this approval shall result in a stop work order.
2. Prior to construction, the applicant shall obtain all necessary approvals from the Pitkin County
Floodplain Administrator. A copy of said approvals must be filed with the City Engineer. To
the extent possible, the applicant shall coordinate construction schedules and contracting with
the Aspen Consolidated Sanitation District's "drop structure" project at Herron Park involving
river disturbance. .
3, Only one access point to the river shall be used. The access point shall be revegetated with
only native plantings to the approval of the Parks Department. Any landscaping of the . I ~ .
stabilized bank shall incorporate only native species to the approval of the. Parks Departnlent. r
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4. Prior to construction, the applicant shall gllin approval from the Parks Department and the
Engineering Department for the method of protecting the Rio Grande Trail from damage and
the stream bank from erosion during construction.
5. The applicant shall restore alf portions of the Rio Grande Trail (bike path) disturbed as a result'
of this project to approval of the Parks Department. This may include, but is not limited to,
repaving, patching, and sweeping.
6. The design Engineer'shall perform construction observation and, after construction is
completed, shall provide a signed and stamped letter to the City Engineer stating the project
was built substantially as designed.
7. The applicant shall record this Planning and Zoning Resolution with the County Clerk and
Recorder.
8. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
9. The applicant must repair any portion of this improvement that fails and remove any portion of
this improvement that is dislodged and carried downstream.
APPROVED by the Commission at its regular meeting on October 7,1997.
APPROVED AS TO FORM:
PLANNING AND ZONING COMMISSION:
;YtUw ~
Sara Garton, Chair
ATTEST:
ckie Lothian, Deputy City Clerk
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MEMORANDUM
RE:
Aspen Planning and Zoning Commission
Julie Ann Woods, Deputy Director ~ v
Christopher Bendon, Planner ~
Creektree Home Owners' Association
Stream Margin Review for Bank Stabilization
Special Review for Essential Development below top-of-slope
TO:
THRU:
FROM:
DATE:
October 7, 1997
SUMMARY:
The Creektree Home Owners' Association is proposing work in the Roaring Fork
River to stabilize the river bank. This bank stabilization will armor the river's
edge and prevent further erosion from endangering the condominium complex.
Because the work is proposed within the floodway and below the top-of-slope,
this application is subject to Stream Margin Review and Special Review.
Staff recommends approval of the Stream Margin Review and Special
Review for the proposed bank stabilization, with conditions.
ApPLICANT:
Creektree Condominiums. Joan Metcalf and Jay Hamond, representatives.
LOCATION:
Roaring Fork River across from Herron Park
ZONING, FAR, ETC.:
Does not apply.
PREVIOUS ACTION:
The Commission has not previously considered this application.
REVIEW PROCEDURE:
The applicant is subject to Stream Margin Review and, because the proposed
development is within the no development zone, Special Review. The
Commission may approve, approve with conditions, or deny this application at a
hearing.
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BACKGROUND:
Abnorrnallyhigh flows during the Spring of 1995 run-off season severely eroded
the stream bank along the Creektree Condominiums. Without intervention,
another event of this magnitude could pose safety issues for residents of this
building. In the Spring of 1997, Joan Metcalf gained approval for a "temporary
fix" series of gabions (rocks in wire baskets) to be placed in the river to slow the
current along the bank. At the time, the Engineering and Parks Departments
agreed the best solution necessitated heavy equipment in the river and that the
current was too swift for it to be done safely, As it turns out, the gabions were
never installed because the current at the time was also too swift to stabilize the
baskets long enough to place the rocks.
STAFF COMMENTS:
This project requires access from the Herron Park side ofthe river. Considering
the Aspen Consolidated Sanitation District's project in essentially the same
location, the construction access, schedule, and contracting should be coordinated
to the extent practicaL With this coordination, interference with the river
ecosystem and damage to the Rio Grande Trail can be minimized. Staff suggests
the Commission require the applicants of both projects to coordinate to the extent
practical, including contracting for the work.
Review criteria and Staff Findings have been included as Exhibit "A." Agency
referral comments have been included as Exhibit "B." The application has been
included as Exhibit "C."
RECOMMENDATION:
Staff recommends approval of this Stream Margin Review with the following
conditions:
1. For this project, this signed Planning and Zoning Resolution shall act asa building permit,
enforceable by the Community Development Department. Failure to adhere to the conditions
of this approval shall result in a stop work order.
2. Prior to construction, the applicant shall obtain all necessary approvals from the Pitkin County
Floodplain Administrator. To the extent possible, the applicant shall coordinate construction
schedules and contracting with the Aspen Consolidated Sanitation District's "drop structure"
project at Herron Park involving river disturbance.
3. Only one access point to the river shall be used. The access point shall be revegetated with
only native plantings to the approval of the Parks Department. Any landscaping of the
stabilized bank shall incorporate only native species to the approval of the Parks Department.
4. Prior to issuance of a permit, the applicant shall gain approval from the Parks Department and
the Engineering Department for the method of protecting the Rio Grande Trail from damage
and the stream bank from erosion during construction.
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5. The applicant shall restore all portions of the Rio Grande Trail (bike path) disturbed as a result
of this project to approval of the Parks Department. This may include, but is not limited to,
repaving, patching, and sweeping.
6. The design Engineer shall perform construction observation and, after construction is
completed, shall provide a signed and stamped letter to the City Engineer stating the project
was built substantially as designed.
7. The applicant shall record this Planning and Zoning Resolution with the County Clerk and
Recorder.
8. All material representations made by the applicant in the application and during public
meetings with the Planning and Zoning Commission shall be adhered to and considered
conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION:
"I move to approve the Creektree Stream Margin Review and Special Review for
the proposed bank stabilization with the conditions outlined in the Staff memo
dated October 7,1997."
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
Exhibit B -- Referral Agency Comments
Exhibit C -- Application
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Exhibit A
STAFF COMMENTS: Stream Margin
Section 26.68.040, Standards Applicable to Development within 100 feet of the Roaring
Fork River and its tributary streams.
A. No development shall, be permitted in the floodway, with the exception of bridges or
structures for irrigation, drainage, flood control or water diversion, which may be permitted
by the City Engineer, provided plans and specifications are submitted to demonstrate that
the structure is engineered to prevent blockage of drainage channels during peak flows and
the Commission determines the proposed structure complies, to the extent practical, with all
standards set forth below.
Staff Finding:
This "development" will armor the river bank adjacent to the subject condominium building
to prevent possible safety concerns with the next large run-off or flood event. The City
Engineer may approve of such development if the Commission determines that the proposal
meets, to the extent practical, the stream margin criteria below. Because, however, the City
Engineer does not have a permit to issue for work in the river, this Planning and Zoning
Resolution may function as a permit.
B. No development shall be permitted within one hundred (100) feet, measured horizontally,
from the high water line of the Roaring Fork River and its tributary streams, or within the
Special Flood Hazard Area where it extends beyond 100 feet from the high water line of the
Roaring Fork River and its tributary streams, unless the Commission makes a determination
that the proposed development complies with all standards set forth below:
Staff Finding:
Stream Margin Review is clearly necessary because the development is within the flood
way as stated in A, above. The purpose of the language in criteria B is to include more
typical development that is not in the floodway but is next to or near the river. The
Commission should consider the "to the extent practical" language as stated in A, above,
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 in the State of Colorado which shows that the base flood
elevation will not be raised, including, but not limited to, proposed mitigation techniques on
or off-site which compensate for any base flood elevation increase caused by the
development;
Staff Finding:
A professional Engineer has prepared the proposal to stabilize the bank. In his opinion, the
repairing of an eroded stream bank to its pre-erosion condition does not affect the capacity
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of the river during that historical state. The Engineering Department has reviewed this
analysis and agrees with the findings.
The Engineering Department has requested that the design Engineer be present during
construction and that a stamped and signed letter to the City Engineer be provided stating
the project was constructed substantially as designed.
2. Any trail on the parcel designated on the Aspen Area Community Plan,
Parks/Recreation/Open SpacelTrails Plan Map, or areas of historic public use or access are
dedicated via a recorded easement for public use. Dedications are necessitated by
development's increased impacts to the City's recreation and trail facilities including public
fishing access;
3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed
plan for development, to the greatest extent practical;
Staff Finding:
The Rio Grande Trail is across the river from the subject site and no further trails are
planned in the area.
4. There is no vegetation removed or damaged or slope grade changes (cut/fill) made outside
of a specifically defined building envelope. A building envelope shall be designated by this
review and said 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;
Staff Finding:
A building envelope would be appropriate for construction of a building. Staff does not
believe designating a building envelop for the area of the bank to be improved will serve
any purpose, primarily because a building envelop is a permanent line on a map that could
be confused to allow an actual building. It would be appropriate, however, to designate the
limits of disturbance for this project and to barricade or establish sedimentation barriers
where needed. This has been addressed in the following review standard, #5. Also,
because access to the site is through Herron Park, an access corridor to the river should be
designated and barricaded for the duration of construction to the satisfaction of the Parks
Department. The Commission should make this a condition of approval.
5. The proposed development does not pollute or interfere with the natural changes of the
river, stream or other tributary, inciuding 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. Pool or hot tubs cannot be drained outside of the designated
building envelope;
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Staff Finding:
The applicant should use sedimentation barriers to limit sedimentation and erosion changes
during construction. More importaiJ.tly, the applicant should coordinate the construction
schedule and contracting with the ACSD project also creating river disturbance. Both
project will require heavy machinery access to the river from Herron Park. Concerns
include closing the bike path, damage to the bike path, disturbance to the river bank at the
access point, sedimentation, and revegetation. If these two projects can be accomplished at
the same time, the impacts can be minimized. The Commission should require these two
project to coordinate to the extent practical in both scheduling and contracting.
6. Written notice shall be provided 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;
Staff Finding:
A copy of this notice has been provided by the Planning Department.
7. 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;
Staff Finding:
The arrnoring of the bank is expected to prevent the water course from relocating. The
Army Corps, of Engineers 404 permit requires the applicant to maintain the development in
perpetuity and remove it if it becomes urmecessary. In addition, the Commission should
require the applicant to repair any portion of this bank that fails and remove any portion of
this improvement that is dislodged and carried downstream.
8. Copies are provided of all necessary federal and state permits related to the work within the
1 DO-year Floodplain; and
Staff Finding:
The applicant has obtained a nation-wide 404 permit from the Army Corps. of Engineers.
The applicant must obtain approval from the Pitkin County Floodplain Administrator prior
to construction. These permits are required by the City Engineer. This has been included
as a condition of approval.
9. There is no development other than approved native vegetation planting taking place below
the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever
is most restrictive. This is an effort to protect the existing riparian vegetation and bank
stability. If any development is essential within this area, it may only be approved by special
review pursuant to Section 26.64.040(D)
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10. All development outside of 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.
Staff Finding:
The applicant will need to revegetate the access areas disturbed by construction equipment.
This vegetation must be native riparian species approved by the Parks Department.
This development is considered essential, Staff has considered the Special Review
standards on the following page.
Also, heavy equipment access to the river will most likely be through Herron Park along the
bikeway. The applicant will need to make the appropriate preservation considerations to
limit the extent of damage to the path. This may include covering the path with plywood
sheets or possibly with a temporary layer of road base, and will most likely include either
monitoring or completely blocking pedestrian and bicycle traffic during construction. The
applicant has been discussing the appropriate method with the Parks and Engineering
Departments.
11. A landscape plan is submitted with all development applications.
Staff Finding:
The applicant has specified proposed vegetation on the construction drawings. The Parks
Department has reviewed this proposal and believes these species are appropriate.
12. All exterior lighting is low and downcast with no lights directed toward the river or located
down the slope;
Staff Finding:
Does not apply; there are no lights proposed.
13. Site sections drawn by a registered architect, landscape architect. or engineer are submitted
showing all existing and proposed site elements, the top-of-slope, and pertinent elevation
above sea level.
Staff Finding:
Site sections prepared by a registered Engineer have been included in the application.
14. There has been accurate identification of wetland and riparian areas.
Staff Finding:
The entire subject site is either riparian or wetland.
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26.64.040 Review Standards for Special Review
No development subject to Special Review shall be permitted unless the Commission
makes a determination that the proposed development complies with all standards and
requirement set forth below.
D. . . . . encroachment into fifteen-foot setback from top of slope or height limit. Whenever a
special review is for development above or below grade within the fifteen-foot setback
from top of slope as identified on a site specific section drawing or above the height limit
established by the ESA, the deveiopment appiication 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.
Staff Finding:
The proposed development is at and below the top-of-slope. The repairing of the banks cannot
adhere to the top of slope setback.
2. Any intrusion into the top of slope setback or height limit is minimized to the
greatest extent possible.
Staff Finding:
The proposal is a minimum amount of intrusion and will hopefully limit the amount of future
improvements needed.
3. Other parts of the structure or development on the site are located outside the top
of slope setback line or height limit to the greatest extent possible.
Staff Finding:
The entire "development" proposed is within the river. There are no proposed changes
to the existing structure.
4. Landscape treatment is increased to screen the structure or development in the
setback from all adjoining properties.
Staff Finding:
The applicant has proposed revegetating the stabilized bank with native plantings.
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MEMORANDUM
To:
Chris Bendon, Project Planner
Thru:
Nick Adeh, City Engineer
From:
Chuck Roth, Project Engineer (2cf:-
October 1, 1997
Date:
.Re:
Creektree Condominium Stream Margin Review
The Development Review Committee has reviewed the above referenced application at their September
17, 1997 meeting, and we have the following comments:
1. Bank Stabilization - The applicant has provided to the Development Review committee a bank
stabilization design drawing that is sealed and signed by a registered professional engineer in the State of
Colorado, The design is to stabilize the Roaring Fork River bank with boulder rip rap. The
improvements will not raise the base flood elevation because the bank has already been eroded from the
condition at the time of the 1987 floodplain study.
2. Site Access - Access will be through Herron Park. Both this project and the Aspen Consolidated
Sanitation District drop structure proiect will share the same access route and restoration plans as well as
tree mitigation pennits, Mats will be used on top of the trail for track equipment. Constructing both this
project and the Sanitation District drop structure at the same time will reduce impacts to both the river
and Herron Park. Restoration will be performed to Parks and Engineering Departments standards.
3, Contractor - The Aspen Consolidated Sanitation District contractor will be Aspen Earthmoving. We
recommend a condition of approval for the Creektree Condominium stream margin review should be that
they use the same contractor as the Sanitation District, which is what the applicant has planned, and that
the two projects be constructed one after the other.
4. Erosion Controls - The area of disturbance will be protected to minimize erosion and sediment
transport.
5. Construction Certification - The City has experienced one stream margin project where the
improvements failed during a shorter flood return frequency than the design 100-year flood criteria. In
order to prevent recurrence of such failures, we recommend that a condition of approval be that the design
engineer perform construction observation and provide a sealed and signed letter to the City Engineer at
the end of the project that the work adhered to designed project requirements.
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6. Other Pennits - The applicant has received a permit from the U.S, Army Corps of Engineers. The
applicant must obtain a permit from the Pitkin County floodplain administrator prior to beginning
construction. All permits must be fIled at the City Engineering Department prior to start of construction
work.
7. Work in the Public Rildtt-of.wav - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks department (920-5120) for
vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes ,
street and alley cuts, and shall obtain permits for any work or development, including landscaping, within
public rights-of-way from the city community development department.
M97.134
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Application for:
Submitted by:
Submitted to:
Date:
EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
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STREAM MARGIN REVIEW for riverbank stabilization
The CREEKTREE CONDOMINIUM ASSOCIATION
John Lancaster, President
727 East Bleeker
Aspen, Colorado 81611
Chris Bendon, Planner
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
September 9, 1997
Land Use Application/Pre-application Conference Summary
Proof of Ownership
Signed Fee Agreement
Letter Authorizing Jay Hammond as Representative for
Creektree Condominium Association
Copy of Letter from the Army Corps confirming 404 Permit
Copy of Letter to Colorado Water Conservation Board
Engineer's Report with attachments
Riverbank Stabilization Plan (24" x 36"), including: Existing
Conditions, Plan and Section Drawings, and Vicinity Map
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EXHIBIT A
LAND USE ApPLICATION
PROJECT:
Name:
Creektree Condominiums Streambank Stabilization proiect
729 East Bleeker ASpen, Colorado 81611 .
(Indicate street address, lot & block number, legal description where appropriate)
Location:
.
ApPLICANT:
l'Jame: Creetree Homeowners Association- John Lancaster, President
Address: 901 Main Street Suite 6000 Dallas, Texas 75202-3797
Phone #: 214/953-6000
REPRESENTATIVE:
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Name: Jav Hammond- Schmueser Gordon Mever. Enaineers
Address: POB 2155. Aspen, Colorado 81612
Phone #: 925-6727
TYPE OF ApPLICATION: (please check all that apply):
0 Conditional Use D Conceptual PUD D Conceptual Historic Devt.
[2g Special Review D Final PUD (& PUD Amendment) D Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption D Subdivision 0 Historic Designation
lliI ESA - 8040 Greenline, Stream D Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split D Temporary Use D Other:
0 Lot Line Adjustment 0 TextlMap Amendment
EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
... . ... . . .
The riverbank below the condos has eroded to the point that stabilization is necessary to
protect the structures.
PROPOSAL: (description of proposed buildings, uses, modifications, etc.)
We propose to stabilize the bank by installing a boulder retaining ,vall system, as
recommended by the Anny Corps of Engineers.
Have you attached the following?
ri'Pre-ApplicatioIl. Conference Summary
WAttachment #1, Signed Fee Agreement
o Re.pnll.~e tg ~tt~cl:i!:R<lll.t #2, Dimensional RLqttlr<:m<:nts F8ffil ~ Not .",~
Q/Response to Attachment #3, Minimum Submission Contents
g'Response to Attachment #4, Specific Submission Contents
G;YResponse to Attachment #5, Review Standards for Your Application
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER:
Chris Bendon, 920.5072
DATE: 7.29.97
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
Creek Tree Stream Margin Review
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Creek Tree I1()A
Stream Margin and Special Review -- one step
bank stabolization
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Land Use Code Section(s)
Land Use Code Section(s)
26.68.040 Stream Margin
26.64.040(0) Special Review for essential development within 15 feet of top-of-slope
Review by:
Public Hearing:
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
Staff for completeness, DRC, Planning and Zoning Commission
NO
Engineering, Environmental Health, Parks
Planning Deposit, Minor ($1080)
Engineering, Minor ($110); Environmental Health, minor ($155)
$1345 (additional hours are billed at a rate of$180/hour)
To apply, submit the following information:
1. Proof of ownership
2. Signed fee agreement
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application
6. 14_ Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff = 1
7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all
easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of
Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if
the project is determined not to warrant a survey document.)
9, A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
Disclaimer: '
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not create a
legal or vested right.
STEWARr-T'LE OF ASPEN, INC.
OWNERSHIP Ai,_ 'ENCUMBRANCE REPORT
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Order No.: 00023580
PREPARED FOR: creektree Condcmdniwa Associ.iton
STEWART TlTLE OF ASPEN, INC.
HEREBY CERTIFIES from a search' of the books in this oftce tluzt title to:
Condominium onits 727, 729, 733 and 735, being all uaits at CRBZXTRBB
COHPOMINYu.MS, according to the Condominium ~p thereof recorded 8ept~er 30,
1981, in plat Book 12 at Page 20 a. Reception No. 236061, aDd as defined and
described in the CondomdniumDecl~ra~ion for~:~e~treecond~niumB recorded
October 23, 1981. in Sook 416 at Page 354 a. ReceptiOn No. 236613.
situated in the County of Pitkin, Stare of Colorado, appears to be vesred In the name of:
oniC 727: Robert P. Lancaster
Unit 729: Higbie ~~ly Trust
unit 733: Jeffrey D.J. xallenberg and Sa..Ddra L. Kal11enberg
and that the above described property appears to be subject to the joliDwi.a!,zlitef.: on iJext page
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1. tmIT 721:
A Deed or Trust dated February 2, 1987, executed by JohD L. Lancaster, III
and Robert P. Lancaster, to the Public Trustee of pitkin County, to secure
an indebtedness of $250,000.00, in favor of Sbearson Lahman Mortgage
Corporat.ion, recorded February 10, 1987 in Book 529 at Page .f08 as
D",..~....tio.a No. 286036. and re-recorded February 13, 1981 in Book 529 at Page
IS Reception No. 286112.
NOTS: The benet,ic.ial interest under sa,id Deed ot
Trust was assigned of record to Security Pac.itic National Bank,
Custodian/Trustee by Assignment recorded October 2, 1987 .in Book 547 at
Page 419 as Reception No. 293502.
NOTE: The bene.ficial interest under said Deed of Trust was
ass.igrJ.ed or record to Netropoli tan Life Insurance company by Assignment
recorded August 21, 199Cin Book 628 at Page 233 as Reception No. 325659.
o
2. T:JNIT 729:
A Deed or Trust dated June 30, 1995, executed by Joan L. Metcalf Residence
Trust, 'to the Public Trustee of pitkin County, to secure an indebtednesso.f
$120,000.00, in favor of Pitk:i.n County Bank & Trust Company, recorded July
10, 1995 in Sook 786 at Page 382 as Recept:i.on No. 383161.
Continued 0J1 next page
EXCEPT any and all taxes and assessments.
EXCEPT all easements, rights of way, restrictions and reservations of record.
This report does not reflect any of the following matters:
(1) Bankruptcies' which, from date of adjudication of the most recent bankruptcies, antedate the report by more than
fourteen (14) years.
(2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or until the
governing statue of limitations has expired, whichever Is the longer period. .
(3) Unpaid tax liens which, from date of payment, antedate the report by more than seven vears.
Although we believe the facts stated are true, this letter is not to be construed as an abstract of title, nor an opinion
oftit/e, nor a guaranty of title, and It is understood and agreed tluzt Stewart Title of Aspen, Inc.. neither as$umes,
nor will be charged with any financial obligation or liability whatever on mry statement contained herein:
Dated:
March 03, 1997 at 7:30 A.M.
, at Aspen, Colorado
STEWART TlTLE OF ASPEN, INC.
By:~~
Aro Ii g
r\
n
!)
Continuation of ownership and RncumbrdDce Report
Order Number: 00023580
Ollit 735: David B. Beckwith
NOR: Said indebtedne.s mal have beeD paid off in connect:taa W'.:f.th the
conveyance of t1:I2:Lt 727 to the Higbie. Oil Pebrua,ry 20, 1997, however a
relea.e doe. not yet appear of record.
3. UNIT 135:
A Deed of Trust dated P'ebruary 27, 1996, executed by Dav.id B. Beckwith, to
the Publ.ic Trustee of Pitkin CoUnty, to secure an indebtedness of
$650,000.00, in favor of First BaJ'1k M:Uwaukee, N.A., recorded March 4, 1996
a. Reception No. 390451.
~~.
.j
/'''
U
SEP-04-1997 15:14
FROM ASPEN/PITKIN COM DEV
1""'\
TO
9-12149535822090 P,02
~ . EXHIBPI' C .
ASPENIPITIaN COMMUNITY DEVELOPMENT DEP ARThIENT
Agreement for Payment of City of Aspen Development Application Fees
(ple2se Print Clearly)
CD"Y OF ASPEN (hereinafter CITY) and the Creelttree Homeowners Association
(hereinafter APPLICAl'JT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for Stream Margin Review for
the Creektree Condominiums (hereinafter, THE PROJECT).
2. APPUCA,\IT understands and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee structure for lamd use applications and ilie payment of all processing fees is a
condition precedent to a detennination of application completeness.
3. APPLICANT and CITY agree iliat because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of ilie costs involved in processing
the application. APPLICAl'\IT and CITY further agree that it is in ilie interest of the parties to allow
APPLICAl'\IT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPUCANT on a monthiy basis. APPLICAl'\IT agrees he will be benefited by !'etaining
greater cash liquidity and \vill make additional payments upon notification by the CITY when they
are necessary as costs are incurred. CITY agrees it will be benefited throug..1j ilie greater certainty of
recovering its full costs to process APPLICAl"\'T'S application.
4. CITY and APPLICAl'iT further agree that it is impracticable tor CrTYstaffto complete
processing or present sufficient infonnation to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required Iindings for project
approval, unless current bilIin~s are paid in full prior to decision.
S. Therefore, APPLICANT agrees that in consideration ofilie CITY's \vaiver of Us rightto
collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amoum ofS which is for _ hours of Planning staiftime, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
CITY OF ASPEN
s~
Community Development Director
City of Aspen
APPLICANT
i O~)
Signature:. I. ~.t K /lic.~zt:., -7'-
/ ...
Datei / '1/)- /9'7
Printed Nau/,el ':t)~ .
,./ -2.:"-/"'(.,' i.DoN r. 4-5 1f' -1. 77r
. Mailing Address:
SEP 04 '70 17:28
+970 920 5439
TOTAL P.02
PAGE. 02
I"",
f""',
;'
EXHIBIT D
9/2/97
Aspen/Pitkin Community Development Department
130 South Galena Street
Aspen, Colorado 81611
To whom it may concern:
Jay Hammond of Schmueser Gordon Meyer, Engineers is
authorized to represent the Creektree Homeowners Association
in all matters pertaining to land use approvals necessary to
stabilize the riverbank adjacent to our property in Aspen.
Si~. c 1.;'1 /./// /
/11/f! ~~
;f;{Y-~:~'-'~( Cti~ -
John Lancaster,~
President of the Creektree Homeowners Association
I '
/ /
l//
. SENT BY: CCRPS :::r:;;:AND .JeT, COL
. ,-,
. ::0-
3-97 12:57PM;
',~'7lZ1?41 ?-..;:::::s...::.
~, -tJ-- ,
+970 '::120 5439; ~ 2
.r'>.
:~-.~""''''.''<'.
~ : .~~.
. " .v
- ' '~
De,."RTMENT OF THE ARMY
\I.iS. "RMY !MGINEEIl DISTRICT. SIlC"A,IIEIITO
CORPS OF ~1l11ImiERB
lUll J STREET
SACRAMEIITO. CALlfOftIllA .1.-2l1Z2
Septamber B, 1997
Regulatorl Branch (199775338)
EXHIBIT E
~!..t.'tTG
~...... 0lI
Mrs. Joan Metoalf
Cree~trae sacdivision
729 Bast Blaeker Street
Aspen, Colorado 31511
Dear Mrs. Metcalf.
I am responding to your request for a Department of the Army
permit to discharge fill material into the Roaring Fork River for
a bar~ stabilization project. The project is located at the
Roaring Fork River on your property which is adjacent to the City
of Aspen'S Heron Park in Aspen, Colorado. The river bank to be
repaired is located on the left descending bank just upstream of
the pedestrian bridgs for the Rio Grande Trail_
The Chief of Engine@rs has issued nationwide general pe~t
number 13 which authorizes the discharge of dredged or fill
material in waters of the United Statss for bank stabilization
projects. We have determined that your project will net affect
threatened or endangered species protected Cy the Endangered
Species Act. your projec~ can be ccnstr~cted under this
authori~y provided the 'ROrk meecs.the conditions listed on the
enclosed information aheeta. Ycu must send a signed letter of
certification to the Corps of Engineers within 30 days after
completion of the work (see general condition number 14). A copy
of the certification s~atament is included for your us~.
This verification is valid for twe years from the date of ~his
letter. If you have not completed your project by that time, you
should contact the Corps of Engineers to obtain information on
any changes whic..'1- may have occur:-ed to the nationwide permits.
You are responsible for remaining inio~ of such char-ges,
SENT BY: CCRP5 GRAND JeT j COL 9- 3-97 12: 58Pf'1
t"\
':;i702412358-:.
I)
+970 920 5439;~ 3
We have assigned number 199775339 to your project. Please
refer to this number in arry correspondence with this office. If
you have any questions. please contact me at telephone number
(970) 243-1199, extension 13.
Sincerely,
~etJA
Michael claffl/C
Project Manager
Northwestern colorado Regulator'f Office
402 Rood Avenue. Room 142
Grand Junction, colorado 81501-2563
Enclosure
copies Furnished:
Mr. Bill Clark, Colorado Division of Wildlifs, 711 !ndependent
Avenue, Grand Junction, Colorado 81501
Mr. Paul von Guerard, SUbdistrict Chief. U.S. Geological Survey,
402 Rood Avenue, Reom 223, Grand Junction, Colorado S1501
Mr. Nick Adeh, city of ASpen Engineering, 130 South Galena,
Aspen. Colorado 81611
SENT BY:CORPS GRAND JCT~COL ; 9- 8-97 i2:58PM;
~
97024123:3 ;
..-..
)
+970 920 5439;# 4
"
Per.nit Number:
Name of Permittee:
Date of IalluaJ1ce:
Opon completion of the activity authorized by tllis.permit and any
mitigation required by the permit.lligu this 'certification and
retUJ:'n it to the following addr&ss: VtI:C11:l'Il'4COlCRAOORe"';:!';'l.ATOFlYOFFlC!
CORPS Of E.:\!G;NEE."'S, SACRAMENTO
_ACOD AVEN~ ROOM 142
GPtNtD JUNCTION, CO a~501.S}
Please note that ycur perlllittllid activity .l..s subject to a
compliance inspect.ion by an 1:1.S. Army COXps of Ingineers
representative. If you fail to C:OIIlPly with !:hill permit you are
aubject to permit euapensi~. modif:i.caticm. or ;:'evocation.
1 hereby certify that ~;e ~rk a~thcri:ed by the above referenced
permit has been ::ompletad in accordancll with the ter.Dl!l and
conditiol1l!l of the aaiel permit. mc1 raquirac1 mitiga1:ion Walil
completed in accordance with the permit conditions. '
Sigz-.t~ of Permittee
'.
t""'\
f)
EXHIBITF
Date: 9/6/97
Colorado Department of Natural Resources
Water Conservation Board
1313 Sherman Street
Denver, CO. 80202
RE: Creektree Condominiums- Streambank Stabilization Project
Dear sirs/madams,
Please accept this correspondence as notification of a riverbank
stabilization project in the Roaring Fork River adjacent to our
condos in Aspen.
The riverbank in this location has deteriorated to the point where
our property could be at risk this season. I have enclosed drawings
prepared by a registered engineer, which depict the methods and
materials that will be utilized to stabilize the bank. I believe that
the information on the attached drawing, along with this letter, will
serve as adequate notice of this project as required by the City of
Aspen's Stream Margin land use review process. We submitted our
application for stream margin review with the City of Aspen and
hope to obtain the necessary approvals by late September. We
have already secured the services of a local qualified contractor for
construction of the project and they are prepared to start
immediately.
If you require any further information, please do not hesitate to call
our engineer, Jay Hammond of Schmueser, Gordon, Meyer at
970/926-6727.
Sincerely,
John Lancaster,
President of the Creektree Condominiums
cc:FEMA
t1"""'\
EXHIBIT G
('I
ENGINEERS
..:......-- S SURVEYORS
GM_
SCHMUESER '
GOROON MEYER
(970) 925-6727
FAX (970) 925-4157
P.O. Box 2155
Aspen, CO 81612
August 26, 1997
Ms. Joan Metcalf
Creektree Subdivision
729 E, Bleeker St.
Aspen, CO 81611
RECEIVED
AUG 2 6 1997
ASPEN I PITKIN
COMMUNITY DEVELOPMENT
RE: Creektree Subdivision. Riverbank Repair and Stabilization Plan. Julv MeetinQ
Dear Joan:
I am writing in follow-up to a site meeting on the Roaring Fork River near the Creektree
Subdivision held on July 23, 1997 wilh Rick Magill, City of Aspen City Engineer Nick Adeh and
Mike Claffey of the U.S, Army Corps of Engineers (other individuals were also in attendance but
these were the people specific to the Creektree project), We discussed the riverbank repair and
stabilization plan for the embankment repair near your home at the Creektree Subdivision. The
repair plan has been permitted by the Army Corps of Engineers under one of their Nationwide
Permits since last Spring but remains subject to Stream Margin review (or exemption) by the City
of Aspen.
We have provided a Riverbank Repair and Stabilization Plan dated April 29, 1997 which remains
the basis for the proposed repair work at the Creektree. From our meeting on July 23rd, I would
add the following notations and comments to the plan:
1. We had sized the embankment rip.rap on the assumption of using rounded rock more
consistent in appearance to the native rock of the surrounding area. Mike Claffey
indicated that angular rock should be used to permit better inter-locking of the
embankment material. Use of angular material will allow the median size (currently
specified at 050 = 48") to be reduced to 36 inches. It should be noted that the large
rocks should be in contact with one another before placing soil or vegetation.
I
2.
We had shown two specific bank section details which offer some potential habitat
improvement as a consequence of the bank stabilization work. Mike also. felt that, given
the small amount of actual area on the streambank requiring repair and stabilization, it
will not be necessary to build either of these details and we may simply armor the area
down to the key into the edge of the channel.
3. Mike indicated that the rip-rap repair should extend only about 1 foot out into the actual
channel and should have a small bench about 2 feet above the edge of water to support
the planting of willows and other revegetation, .
4. Mr. Adeh, The City Engineer, also requested that we provide some further documentation
that the proposed streambank repair and stabilization project will not cause a reduction
in the capacity of the river channel through the area. We have researched this issue
further and offer a number of attachments which address this issue.
118 West 61t', Suite 200' Glenwood Springs, Colorado' (970) 945-1004
n
August 26, 1997
Ms. Joan Metcalf
Page 2
For purposes of evaluating the channel capacity of the Roaring Fork River through Aspen,
the document t11at provides the baseline is the Federal Emergency Management Agency's
(FEMA) Flood Insurance Study conducted in 1985. The FEMA study provides some basis
to evaluate "existing conditions" prior to the subsequent erosion of the stream bank at the
Creektree as well as information regarding the analysis methodology and base mapping.
Attached as Exhibit "A" is a copy of the "officiai" FEMA brochure map which accompanies
the Flood Insurance report. The actual flood study uses sections to evaluate the channel
indicated on this map as section "Z" at the footbridge below the site and section "AA'"
downstream of the Neal Street bridge above the site. Attached as Exhibit "B" are excerpts
of the tabular listing of the various channel sections. I have noted the location of the
Creektree embankment repair on Exhibit A approximately 165 feet upstream of the
footbridge from Herron Park. As you can seen, the repair location does not correspond
directly with any of the sections used to evaluate the channel so a direct comparison with
a known section from the study is not possible, What @ useful on Exhibit A, however, is
the fact that the floodplain line along the embankment at the Creektree site shows up as
a straight run along the channel edge.
Also attached as Exhibit "C" is a copy of the topographic worksheet used in the
preparation of the FEMA study and reflecting conditions along the river even prior to the
construction of the Creektree units. This was a resource I had used in preparing the
repair and stabilization plan and, once again, it shows the flood limit as a straight run
along the frontage of the (now) Creektree property. The current condition of the
embankment from recent topography by Alpine Surveys, as shown on the full size
stabilization plan drawing previously submitted, reflects the indentation of the
embankment due to erosion. A comparison of the current embankment condition with
these FEMA documents demonstrates that our repair will serve to return conditions to the
pre-erosion embankment indicated in the various FEMA study documents.
My final attachment as Exhibit "0" are some photographs of the embankment at the
Creektree which endeavor to show the eroded area. The Xerox copies are less than ideal
but I think Photo # 1 serves to show the extent to which the bank has been eroded back
from the "straight line" condition reflected in the FEMA exhibits. While this work will not
effect the channel sections used in the actual analysis of this river reach by FEMA, we feel
there is sufficient evidence of the historic channel condition at the actual repair location
to demonstrate that this work will not serve to reduce the channel capacity through this
area as shown on the official FEMA mapping,
I hope these comments are helpful and that we will be able to acquire local permitting to proceed
with this work prior to the coming Winter. I am copying Aspen Earthmoving on the changes to
the actual design included in this letter.
SCHMUESER GORDON MEYER, INC.
August 26, 1997
Ms, Joan Metcalf
Page 3
Very Truly Yours,
SCHMUESER GORDON MEYER, INC.
/U.~ ~ S
ay . Hammond, P,E.
Principal, Aspen Office
JH/ih 97037JM1
cc: Rick Stevens, Aspen Earthmoving
Rick Magill
SCHMUESER GORDON MEYER, INC.
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EXHIBIT D
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MEMORANDUM
From:
Chris Bendon, Project Planner
Nick Adeh, City Engin~
Chuck Roth, Project Engineer (!'"'R-
October 1, 1997
To:
Thru:
Date:
Re:
Creektree Condominium Stream Margin Review
The Development Review Committee has reviewed the above referenced application at their September
17,1997 meeting, and we have the following comments:
1. Bank Stabilization - The applicant has provided to the Development Review committee a bank
stabilization design drawing that is sealed and signed by a registered professional engineer in the State of
Colorado. The design is to stabilize the Roaring Fork River bank with boulder rip rap. The
improvements will not raise the base flood elevation because the bank has already been eroded from the
condition at the time of the 1987 floodplain study. This erosion has resulted in larger flow cross section.
2. Site Access - Access will be through Herron Park. Both this project and the Aspen Consolidated
Sanitation District drop structure proiect will share the same access route and restoration plans as well as
tree mitigation permits. Mats will be used on top of the trail for track equipment. Constructing both this
project and the Sanitation District drop structure at the same time will reduce impacts to both the river
and Herron Park. Restoration will be performed to Parks and Engineering Departments standards.
3. Contractor - The Aspen Consolidated Sanitation District contractor will be Aspen Earthmoving. We
recommend a condition of approval for the Creektree Condominium stream margin review should be that
they use the same contractor as the Sanitation District, which is what the applicant has planned, and that
the two projects be constructed one after the other.
4. Erosion Controls - The area of disturbance will be protected to minimize erosion and sediment
transport.
5. Construction Certification - The City has experienced one stream margin project where the
improvements failed during a shorter flood retum frequency than the design lOO-year flood criteria. In
order to prevent recurrence of such failures, we recommend that a condition of approval be that the design
engineer perform construction observation and provide a sealed and signed letter to the City Engineer at
the end of the project that the work adhered to designed project requirements.
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6. Other Permits - The applicant has received a permit from the U.S. Army Corps of Engineers. The
applicant must obtain a permit from the Pitkin County floodplain administrator prior to beginning
construction. All permits must be filed at the City Engineering Department prior to start of construction
work.
7. Work in the Public Ril!ht-of-wav - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks department (920-5120) for
vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes,
street and alley cuts, and shall obtain permits for any work or development, including landscaping, within
public rights-of-way from the city community development department.
M97.134
r.l .
I Betsey Kipp, 12:59 PM 11/9/97 , Stream Margin Rev
r-.
X-Sender: betseyk@comdev
Date: Thu, 11 Sep 199712:59:36 -0600
To: chrisb@ci,aspen.co.us
From: Betsey Kipp <betseyk@ci.aspen.co,us>
Subject: Stream Margin Rev
Cc: leec@ci.aspen.co.us
Chris,
I have reviewed the application made by Creektree Condo. Assn. for the
repair and stabilization of the riverbank. As long as the Army Corps of
Engineers and the City's Engineering Department have approved the project,
this Department has no additional requirements or concerns.
Thank you,
Betsey
IPrinted for Christopher Bendon <chrisb@ci.aspen.co.us>
11