HomeMy WebLinkAboutresolution.apz.003-96RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
GRANTING A STREAM MARGIN REVIEW FOR THE ASPEN
CONSOLIDATED SANITATION DISTRICT
RESOLUTION NO. '~-~
WHEREAS, pursuant to Section 26.68.040 of the Land Use Regulations of the City of
Aspen, Colorado, Stream Margin Review may be approved by the Planning and Zoning
Commission, and
WHEREAS, no development shall be permitted within 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 that the proposed structure complies,
to the extent practical, with all of the standards set forth below, and
WHEREAS, no development shall be permitted within 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 it tributary streams, unless the Commission makes a
determination that the proposed development complies with all of standards set forth
below:
1. It can be demonstrated that any proposed development which is in a 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 based
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; and
2. Any trail on the parcel designated on the Aspen Area Community Plan,
Parks/Recreation/Open Space/Trails 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; and
· 3. The recommendation of the Roaring Fork Greenway Plan are implemented in the
proposed plan for development, to the greatest extent practical; and
4. 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 barricaded prior to issuance of any
demolition, excavation or building permits. The barricades shall remain in place until the
issuance of a Certificate of Occupancy; and
5. 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
6. Written notice is given to the Colorado Water Conservation Board prior to any
alteration or relocation or a water course, and a copy of said notice is submitted to the
Federal Emergency Management Agency; and
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; and
8. Copies are provided of all necessary federal and state permits related to work
within the 100 year floodplain; and
9. There is no development other than approved native vegetation planting taking
place below the top of slope or within 15 feet of the top of slope or the high waterline,
whichever is more restrictive. If any development is essential within this area, it may be
approved by special review pursuant to Section 26.64.040 (D); and
10. All development outside of the 15 foot setback from the top of slope does not
exceed a height delineated by a line drawn at a 45 angle from ground level at the top of
slope. Height shall be measured and determined by the Zoning Officer utilizing the
definition set forth in Section 26.04.100; and
11. A landscape plan is submitted with all development applications. Such plan shall
limit new plantings outside of the designated building envelope on the river side to native
riparian vegetation; and
12. All exterior lighting is low and downcast with no light(s) directed toward the river
or located down the slope; and
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
elevations above sea level; and
14.
There have been accurate identification of wetlands and riparian zones.
WHEREAS, The Aspen Consolidated Sanitation District, represented by Thomas R.
Bracewell, submitted an application for a Stream Margin Review approval for 2 drop
structures in the Roaring Fork River, and
WHEREAS, a public meeting was held at a regular Aspen Planning and Zoning
Commission hearing on April 16, 1996, in which the Commission considered and
approved the applicant's request by a vote of 5-0, with conditions;
NOW THEREFORE BE IT RESOLVED'
That the 2 drop structures in the Roaring Fork River are approved subject to the following
conditions:
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All representations of the applicant are considered conditions of approval.
2. The project must be consistent with the Army Corps of Engineers 404 permit and
recommendations of the Division of Wildlife.
3. Any conditions recommended by the City of Aspen Parks and Engineering
Department are considered conditions of approval.
APPROVED by the Commission at its regular meeting on the 16th day of April,
1996.
AT~EST'
Deputy 'CiC~ Clerk-
PLANNING~AND Z~~/G~ISSION
Sara Garton, Chair