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MEMORANDUM
TO:
FROM:
RE:
Aspen P&Z
Karen Smith, Planning Office
Stream Margin Review - J.R. Williams
Revised Application
DATE:
April 27, 1979
Given Dave Ellis' analysis that the 100 year flood includes the bulk of the
property, we cannot support any proposal to locate fill thereon. The effect
of such fill is, in time of flood, to narrow the flood channel, cause water
to backup behind the fill, and increase the extent of the flood hazard upstream.
In this instance, a number of properties in the Oklahoma Flats area could be
affected. This office has consistently recommended against development within
the flood plain, and we feel as strongly about the placement of fill.
In addition the proposed fill would essentially destroy riparian vegetation
and therefore is contrary to the recommendations of the Roaring Fork Greenway
Plan, another Stream Margin review criteria. (See previous Planning Office
memos. )
We recommend against approval and have suggested that the applicant explore
means of flood proofing and additional flood hazard analysis in order to
determine the possibility of locating a structure on the property without
in-filling and in a manner that mitigates flood hazard at the site as well as
upstream.
The current and previous applications are attached.
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J.R. Williams Properties
601 East Hyman
Aspen, Colorado 81611
925-1030
Clayton Meyring
Building Inspector
130 South Galena
Aspen, Colorado 81611
March 28, 1979
Re: Supplemental Stream Margin Review Development Plan
Dear Clayton:
The following constitutes a development plan under the
Stream Margin Review provisions of Section 24-6.3 of the
Aspen Municipal Code.
A. Exhibit A shows:
1. The boundary of the property
2. Proposed improvements envelope (one single-family
structure)
3. Existing trees and shrubs
4. Proposed fill
5. Flood plain limit line
B. Plan:
1. Applicant proposes to fill the subject property (and
the adjacent property) to Spping Street and the Easterly
property boundary from the designated fill line. Such
fill activity will include such mitigating work as is
required to prevent increased sedimentation including
rip-rap and re-vegetation. The fill will be of
quality to support building foundations.
2. A portion will eliminate the stagnant back waters
occuring along the Northerly boundary of the property.
3. The proposed fill will not adversely affect upstream
locations since the amount of flood plain affected is
(a) minimal in size and (b) parallels the course of
the river.
4. The fill and improvements program is of benefit to
the neighborhood since it will eliminate stagnant
pools (thereby reducing pollution) and certain trash
foliage which will be replaced by higher quality natural
greenery on the entire lot.
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M E M 0 R ^ N DUM
TO:
RICHARD GHICE
PLANNING
:F'IWM:
DAVE ELLIS G:\Y';
ENG INEERING ;.;/7.>~"'~
DATE:
September 12, 1978
HE:
Stre~lm Margi,n Review for J .R. Williams Property in
Oklahoma Flats Area
In response to your referral for the above stream margin review,
the engineering department has inspected the site and compared
the application information with the U.S. Army Corps of Engineer's
Flood Plain Study of 1973 and the City of Aspen 1974 aerial
topographic maps. As a result of this, the engineering depart-
mcmt would recommend that the application for a fill and grading
permit under the stream margin review be denied.
The reasons for this are several. Although it appears that there
is a distinct difference in the elevation datum used by the Corps
of Engineers, the City of Aspen and Alpine Surveys, it still
appears quite clear that the vast maiorit
~rea is within the 100 year floo plain. Further land fill within
tho flood pla.in will be particuiar.ly dc"trimental to upstream
locatjons since the river channel hs.s alread.y been modified by
landfill operations made prior to the ::tdoption of the stream mar-
gin review procedure. Secondly, without special precautions,
reJlacement of the fill wou - 1 . reased sedimE~ntation
qf the stream unless some form of rip-rapping ant. re-vege atlon
were provided since high water certainly extends beyond the limit
of fill. Finally, it wou1d appear impossible to place the fill
as shown witl10Ut virtllallv destrovjn~ Rll of the existin~ rjv~r-
bank vegetation.
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M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Stream Margin Review - J.R. Williams
DATE: September 14, 1978
The attached letter from J.R. Williams request stream margin review approval
of his plans to fill in the marshy area on his property. There are no
development plans according to the application. The letter indicates that
the site is not included in the Roaring Fork Greenway Plan, that there will
be no change in stream channel or its capacity, that there will be no increase
in stream sedimentation, and that vegetation will not be adversely affected.
The attached memo from City Engineering indicates quite the opposite,
In addition, we find that the area is clearly within, the Greenway Plan. The
Plan specifically refers to this site as being a model area of environmental
disruption. The following is a quote from the Greenway Plan, "a section of
the river east of the Mill Steet bridge has been drasticly altered by con-
struction which under natural process, the river was broad and it flowed
gently around an island and past the marshy lowland. Some years ago the
ESCO Corporation enlarged their property by filling in part of the river elim-
inating the island and marsh. Although entirely legal since a riverfront
owner's property includes the river bottom (but not the water) the altered
fl ow of the ri ver wi 11 have adverse effects for many years."
The vegetation in the area is part of the "Cottonwood-Spruce ecosystem" which
is typically located in marshy areas. These areas provide habitat for the
vast majority of bird and mammal ~pecies along the river.
A modification of this sort with such
the lack of any development proposal.
Review dictates that this application
adverse impact is not warranted
The review criteria for Stream
must be denied.
given
Margin
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MEMORANDUM
TO: Dave Ellis, City Engineer
Clayton Meyring, Building Inspector
Jim Holland, Parks Department
FROM: Karen Smith, Planning Office
RE: J. R. Wi 11 tams Property
DATE: April 2, 1979
Attached is the second reV1Slon to a stream margin review application nr
locating a large amount of fill on the J.R. Williams property on Oklahoma
Flats. The new application anticipate~ development by showing a building envelope
and better describes the location of fill vis a vis physical and vegetation
features of the site. However, I am still concerned about impacts on the
riparian ecosystem and from possible sedimentation.
May I have any comments soon. I am tentatively scheduling this for the
May 1st P and Z meeting.
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M E M 0 RAN DUM
TO: RICHARD GRICE
PLANNING DEPARTMENT
FROM:
CLAYTON MEYRING
CHIEF BUILDING INSPECTOR
Q. -i-nrl
DATE:
September 15, 1978
RE:
Stream Margin Review - J.R. Williams Properties
On June 26, 1978, I received a complaint from Remo Lavagnino, a
resident of the Oklahoma Flats area. Remo said that someone was
dumping fill dirt between Spring Street and the Roaring Fork
River just east of the Holy Cross BUilding. I met Remo at the
site and observed that approximately seven or eight truck loads
of fill dirt had been deposited approximately 50 or 60 feet from
the Roaring Fork River. I informed the trucker that no grading
or filling could be permitted within 100 feet of the high water
mark of the river, unless approval had been given by the Planning
and Zoning Commission and a grading permit had been issued by
the Building Department according to Chapter 70 of the Uniform
Building Code. The trucker discontinued dumping.
Several days later, Bruce Kistler met with Dorothy Nuttall and
I to discuss the procedure necessary in order to obtain a grading
permit. Stream Margin Review is the first step according to Sec-
tion 24-6.3 of the Municipal Code - the reason this application
is before you.
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1776 South Jacksone'Denver
(303) 757-7838
o P. O. Box 3107
Aspen 81611
(303) 925-7139'
P R"O P ER-YfES-"'''' ,,' ,.. ."M........ .....'< ......._-""---.._..,,....~--,,-~.~---- ',. .,- .0..... ,~.,,_.',.. .
August 18', 1978
Mr. Clayton Meyring
Building Inspector
City of 'l\fl'pen---'" ..
Aspen, Colorado 81611
RE:Application forFi'LCand"G~Tng Permir-'-
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Dear Clayton:
Enclosed herewith is (1) a"survey oflana'6wnec'l'bY'j :ir:'~'-"""-""" --",."""
~~~l~~~~ ~i~~:r~~~~~_~) t~~ g~~J{~~!!)~kn~~~a~g~~3) "a~J~~:6~ i~r
Plan Checking Fee of$r5":tlU-lOi"--TbYto-"rlJ6'O yarasoT111I. .. .-----~--.."-..-,,..
J. R. Williams Properties requests a permit to fill and
grade the p:i:open::ty"as'shown on the enclosed survey and sketch."
The following establishes a right to the' permit under
Ordinance 2.4:'b=nCr:"'''-'''-~ ......--........
1.
2.
3.
4.
5.
1
6.
No building is presentlY" planned.
No trail plan is involved with this site.
The site is not included in the Roaring Fork Greenwcry'
Plan. .
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The proposed fiIlwilln9Cprocfiice"ero'sion "of ' the ..
'stream bank.
Therewil1"6ccur~riocha__ii:geTn"the-streamc'hannei"'- '" '" "'.
or its capacity and the activity will in rio way
increase stream sedimentation or' 'suspension lands.
The propose'd- activi tOy wnrterid" fCi"reduce pOL-uiTc5n ....
by eliminating stagnant back water areas. The. . '_
stream itself will' be unanect'Etcr,~'''J5ut--the-value-~-----~-'~
of the area will De' ennanceCi--J5y" impr"oved' landscaplng'-~'"~'''''''
through the elimination' ortrashvegetation (Brush)
and--"prolHic mosql:iit6' 'breeding areas. Large cotton-
wood trees will be unaffected by the fiT1.'
Very truly yours,
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M E M 0 RAN DUM
TO:
RICHARD GRICE
PLANNING
FROM:
DAVE ELLIS ("IV" _
ENGINEERING 'KJ7.,./"'
DATE:
September 12, 1978
RE:
Stream Margin Review for J.R. Williams Property in
Oklahoma Flats Area
In response to your referral for the above stream margin review,
the engineering department has inspected the site and compared
the application information with the U.S. Army Corps of Engineer's
Flood Plain Study of 1973 and the City of Aspen 1974 aerial
topographic maps. As a result of this, the engineering depart-
ment would recommend that the application for a fill and grading
permit under the stream margin review be denied.
The reasons for this are several. Although it appears that there
is a distinct difference in the elevation datum used by the Corps
of Engineers, the City of Aspen and Alpine Surveys, it still
appears quite clear that the vast majority of the proposed fill
area is within the 100 year flood plain. Further land fill within
the flood plain will be particularly detrimental to upstream
locations since the river channel has already been modified by
landfill operations made prior to the adoption of the stream mar-
gin review procedure. Secondly, without special precautions,
replacement of the fill would result in increased sedimentation
of the stream unless some form of riprappitlg and re-vegetation
were provided since high water certainly extends beyond the limit
of fill. Finally, it would appear impossible to place the fill
as shown without virtually destroying all of the existing river-
bank vegetation.
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M E M 0 RAN DUM
TO: Dave Ellis, City Engineer
Clayton Meyring, City Building Inspector
FROM: Planning Office, Richard Grice
RE: Stream Margin Review
DATE: September 11, 1978
The attached Stream Margin Review application is tentatively scheduled
for review by the City Planning and Zoning Commission on September 19, 1978.
Could I have your written comments by the Wednesday prior? Thanks
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October 16, 1978
Ms. Ka,ren Smith
City Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: J. W. Williams Properties
Dear Karen:
Enclosed is a map of the J. R. Williams Properties
proposed building site off East Spring Street, drawn from a
Tri-Co. survey showing all items except the proposed fill line.
The landscape plan is not fully developed, so I cannot
say which of the cottonwood trees we expect to be replaced.
The building foot print has not been established since
we have not yet developed plans.
As you can see, the proposed fill in the flood plain
takes little of it away, and as a practical matter, should
have no material effect on persons up stream.
We also propose to fill the land outside the flood
plain and landscape that not used for improvements. I would
envision attractive landscaping also within the flood plain
with grass, natural cover, evergreen and Aspen trees, as well
as some of the cottonwoods if the landscape professionals believe
them to be worth preserving.
An onsite conference would seem to be worthwhile as a
place to start. I will be available at your convenience.
Very truly yours,
leI
J~ R. WILLIAMS PROPERTIES
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M E M 0 RAN DVM
--------
TO:
KAREN SMITH, PLANNING
DAVE ELLIS, CITY ENGINEER ~
April 24, 1979
FROM:
DATE:
RE:
Stream Margin Review _
J.R. Williams Property in Oklahoma Flats
In response to the most recent referral on the above subject matter
dated April 2, 1979, the engineering department's recommendation
for denial of September 12, 1978 remains unchanged. Although the
applicant has modified the extent of the fill, we feel that the
drawing submitted does not properly reflect the location of the
100 year flood plain as shown on plates 9 and 11 of the 1973 V.S.
Army Corps of Engineers Flood Plain Study for the City of Aspen.
Referring to these two plates it would appear that the 100 year
flood goes to within a few feet of Spring Street along the entire
site.
Irregardless of the flood plain considerations, it would seem vir-
tually impossible to place the proposed fill without totally des-
troying the ri,parian ecosystem in the area.
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THIS MAP WAS PREPARED FROM DOC~MENTS OF RECORD, AND
AVAILABLE MAPS, INCLUDING THE 1974 CITY OF ASPEN
PHOTOG~~ETRIC SERIES, AND THE U. S. Afu~Y CORPS OF
ENGINEERS FLOOD PLAIN STUDY OF 1973.
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