HomeMy WebLinkAbout23_ENVIRONMENTALLY_SENSITIVE_AREAS23.1Environmentally Sensitive Areas
environmentally sensitive areas
section
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23.2 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
Section 26.435.040 Stream Margin Review.
A. Applicability. The provisions of the Stream Margin
Review shall apply to all development within one hun-
dred (100) feet, measured horizontally, from the high
water line of the Roaring Fork River and its tributary
streams, and to all development within the Flood Hazard
Area, also known as the 100-year flood plain.
The Cabin site lies within 100 feet of the high water
line of Maroon Creek and is therefore applicable
for Stream Margin Review.
Cabin Site
FEMA: 100 Year Floodway of Maroon Creek
C. Stream Margin Review Standards.
No development shall be permitted within the Stream
Margin 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 develop-
ment 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 engi-
neering study prepared by a professional engineer reg-
istered 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
1 The cabin site is well clear of the FEMA mapping
of the 100 Year Floodplain (above). The applicant
engaged Buckhorn Geotech, Inc. to prepare the
site specific study required by 26.435.040.C.1.
Unfortunately, after several months of trying to
obtain the Flood Insurance Study for this site from
the City of Aspen, Pitkin County and the Federal
Government, it appears that this information is not
currently available, and the site specific study is not
therefore possible at this time.
The applicant therefore proposes that this study
be made a precondition of application for a build-
ing permit for the Cabin, and that, if at time, it is
still impossible to obtain this information, this code
requirement should be waived on the grounds of
unenforceability.
2 The Preannexation Agreement determined that
no public access would be allowed to the Maroon
Creek Canyon, which the applicant is trying to pro -
2. The recommendations of the Aspen Area Com -
munity Plan: Parks/Recreation/Open Space/Trails Plan
and the Roaring Fork River Greenway Plan are imple -
23.3Environmentally Sensitive Areas
23.4 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
mented 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 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 spe -
cifically 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; and
4. The proposed development does not pollute or
interfere with the natural changes of the river, stream
or other tributary, including erosion and/or sedimenta-
tion 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 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. ( See Figure “A” below for illustrative
purposes); and
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 Devel-
opment 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 ( See Figure “A” below
for illustrative purposes); and
tect from human impacts. In lieu, a “Fisherpersons
Tract” on the opposite shore of the Roaring Fork
River and accessible from a public trail is being
conveyed to the City of Aspen for public use. See
Section 3: Survey and Plat.
3 The building envelope is shown on the Plat.
4 Increased on-site drainage will be buffered by
constructed wetlands according to the Design
Guidelines.
5 No water courses will be altered.
6 Although the Cabin site is within 100 feet of
Maroon Creek, no portion of Maroon Creek lies
within the property, and such a guarantee is there-
fore inapplicable.
7 No work is proposed within the FEMA-mapped
100 year floodplain.
8 The building envelope is outside the top-of-slope
line and is no closer than 90 feet from the high
waterline at any point.
9 Inapplicable until there is a building design.
23.5Environmentally Sensitive Areas
10. A landscape plan is submitted with all develop -
ment applications. Such plan shall limit new plantings
(including trees, shrubs, flowers, and grasses) outside
of the designated building envelope on the river side to
native riparian vegetation; and
11. 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; and
12. 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 elevations above sea level; and
13. There has been accurate identification of wet-
lands and riparian zones.
10 Inapplicable until there is a building design.
No formal landscaping will be introduced. The
applicant’s intention is keep the entire Cabin area
in a natural state.
11 The restrictions of the Design Guidelines are
more restrictive.
12 Sheet C-3.0 (next page) shows this require -
ment.
13 There are no wetlands or riparian zones within
the platted Cabin site. The entire area outside the
Cbin site is protected by the Maroon Creek Canyon
Conservation Easement.
The Cabin Site
23.6 Bar Slash X Ranch LLC - Annexation and Stage Road PUD/Subdivision: Final Submission
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