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HomeMy WebLinkAboutagenda.apz.19960423j AGENDA ASPEN PLANNING AND ZONING COMMISSION SPECIAL MEETING TUESDAY, APRIL 23, 1996 4:30 PM SISTER CITIES ROOM, CITY HALL I. COMMENTS A. Commissioners B Planning Staff C. Public II. NEW BUSINESS A. Stream Margin Review for Rio Grand Park, Suzanne Wolff III. PUBLIC HEARINGS A. Aspen Mountain PUD, Lot 5 (Grand Aspen Site) Continued from 04.09.96, Dave Michaelson IV. ADJOURN VeSl 7' 04 aE-rr�i J MEMORANDUM TO: Planning and Zoning Commission FROM: Suzanne Wolff, Planner RE: Rio Grande Park Stream Margin Review DATE: April 23, 1996 SUMMARY: The applicant is requesting approval to repair and stabilize areas adjacent to Rio Grande Park and the Rio Grande Trail which were damaged by the flooding of the Roaring Fork River in 1995. APPLICANT: City of Aspen Parks Department, represented by George Robinson & Rebecca Baker LOCATION: Roaring Fork River adjacent to Rio Grande Park ZONING: Public/Specially Planned Area (SPA) PROJECT DESCRIPTION: The erosion of the river bank during the flooding in 1995 removed a section of the Rio Grande Trail. Emergency repairs were performed to stabilize the bank and maintain the trail. The Parks Department proposes to re -work the rock embankment to improve the structural integrity of the bank, and to extend the rock embankment upstream and downstream of the failed area to provide reinforcement. Repairs are also proposed to the inlet to the island and along the channel of the kayak course. Rock work will be completed this spring before high water, and revegetation will occur after high water. Alan Czenkusch, Colorado Division of Wildlife, will supervise the project. The application and drawings of the proposed repair work are attached as Exhibit "A". REFERRAL COMMENTS: Detailed comments from the City Engineering Department are attached as Exhibit "B", and are included in the staff comments below. STAFF COMMENTS: Stream " argin Review: Pursuant to Section 26.68.040, the criteria for stream margin review are as follows: A. No development shall be permitted within the floodway, with the exception of bridges or sP'iictures 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 practicable, with all the standards set forth below. B. 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 its tributary streams, unless the Commission makes a determination that the proposed development complies with the standards set forth below: 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 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. RESPONSE: The repairs will not increase the base flood elevation. 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. RESPONSE: The repairs will prevent further damage to the existing Rio Grande trail. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable; RESPONSE: The repairs proposed in this application are consistent with the Rio Grande Master Plan (1993), which incorporates recommendations from the Greenway Plan. 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. RESPONSE: The applicants propose to revegetate the areas with native plants to control further erosion after the rock work is completed. The re -built embankment will have a less severe slope than the existing embankment, and the Parks Department is proposing to relocate the pedestrian trail farther away from the top of the new embankment. 0 5. The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion andlor 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; RESPONSE: Silt fencing shall be used to prevent any erosion or sedimentation from entering the river. Provisions shall be made to ensure that the work areas are fully stabilized prior to high water to minimize damage before the areas are revegetated after high water. 6. 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; RESPONSE: No alteration or relocation is proposed. 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; RESPONSE: Not applicable. 8. Copies are provided of all necessary federal and state permits relating to work within the 100 year floodplain; RESPONSE: The repair work is authorized by Army Corps of Engineers nationwide permit number 13 for bank stabilization. The erosion at the kayak course is authorized as part of the maintenance required under the permit issued for the course. A letter from the Corps of Engineers is included in the attached application. 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 most restrictive. RESPONSE: Not applicable. 10. All development outside the 15 foot setback from the top of slope does not exceed a height delineated by a line drawn at a 45 degree angle from ground level at the top of slope. RESPONSE: Not applicable. 3 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; RESPONSE: Only native vegetation (dogwood, roses, willows, serviceberry, alders) is proposed, as shown in the drawings in the application packet. 12. All exterior lighting is low and downcast with no lights) directed toward the river or located down the slope; RESPONSE: Not applicable. 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; RESPONSE: The Engineering Department has required the applicant to provide 3 cross sections of the work area prior to and at completion of the work: one at the approximate centerline of the work, and the other two 100 yards upstream and downstream of the centerline. Engineering also requests before and after photos of the work area and of the opposite river banks. 14. There has been accurate identification of wetlands and riparian zones. RESPONSE: Once completed, the work will improve the riparian area through and restoration of native vegetation. STAFF RECOMMENDATION: Staff recommends approval of the stream margin review with the following conditions: 1. The applicant shall inform the property owners of the adjacent and opposing river banks, upstream and downstream of the work to coordinate work to minimize disturbance in the river (specifically the Moore family and the Aspen Consolidated Sanitation District). 2. The applicant shall provide 3 cross sections of the work area prior to and at completion of the work: one at the approximate centerline of the work, and the other two 100 yards upstream and downstream of the centerline. 3 . The applicant shall provide before and after photos of the work area and of the opposite river banks to the Engineering Department. 4. The applicant shall restore the Rio Grande Trail to its present condition or better by October 1, 1996. 5. Silt fencing shall be used to prevent any erosion or sedimentation from entering the river. 6. Provisions shall be made to ensure that the work areas are fully stabilized prior to high water to minimize damage before the areas are revegetated after high water. 11 7. The Engineering Department shall approve the access route to and from the river bed prior to issuance of a construction permit. 8. Access to the work area shall be delineated and controlled to prevent unauthorized entry into the work area. 9. All representations of the applicant are considered conditions of approval. RECOMMENDED MOTION: "I move to approve the stream margin review for the repairs to the embankment and the island in the Roaring Fork River at the Rio Grande Park, with the conditions as outlined in the Community Development Department Memo dated April 23, 1996" Exhibits: "A" - Application Packet "B" - Referral Comments 9 March 25, 1996 Stan Clauson Community Development Director City of Aspen 130 S. Galena St. Aspen, CO 81611 Dear Stan, We are requesting approval for a stream margin exemption for the purpose of repairing the trail and inlet channel near Rio Grande Park on the Roaring Fork River. Both of these areas were damaged by the high water events in the spring/summer of 1995. The repairs will include re -working the rock embankment to improve the structural integrity of the bank and then re -vegetate the slopes with native plants to control future erosion. We will be doing similar work at the inlet to the island, as well as stabilizing and re -armoring a few areas along the channel and island. We have received Army Corps of Engineers approval under a nationwide permit number 13 to complete this work. We have attached a copy of their letter, dated November 21, 1995. We will also send a duplicate of this letter and the Army Corp of Engineers letter to the Colorado Water Conservation Board and the Federal Emergency Management Agency detailing our intentions. Julia Marshall of Mt. Daly Enterprises has prepared illustrative drawings of the areas for the repairs that are attached for your review. An 8 1/2 x 11 project location map is included as well. In conjunction with this project we will be doing other upgrades and improvements to the Lower Rio Grande River park and realigning the trail through the park, per the recommendations of the Rio Grande Master Plan and the City Council. Since some of this cosmetic work is within 100 feet of the river, a full stream margin application will be submitted for approval. However, in order stabilize the banks and the island for high water this year, we are requesting a separate application for exemption for the rock work in the river to be completed in April and May. An 11 x 17 drawing of the overall Rio Grande plan is attached as Exhibit `C', to show the general plan for the area. The following are some of the items that may be reviewed under the forthcoming stream margin review: * Realignment of the trail to improve sight distances and even the grade of the trail. * Enlarge the sand filtration ponds and improve their general appearance. * Replace the Oklahoma Flats Bridge for clearance of high water events. As stated above, these improvements were recommended in the Rio Grande Master Plan, except for replacing bridge which is being done for safety reasons. We have also presented these plans to the group working on the trolley to ensure the changes can work with a possible trolley layout. The delay for the stream margin application is to determine the status of the Oklahoma Flats Bridge abutments. We are hoping an engineer will be available to inspect it in the next week or so. We believe the full stream margin application will be ready for submittal within the next 2-3 weeks. Thank you for taking the time to review our. request. If you have any questions regarding the proposal, please contact myself or George Robinson at 920-5120. Sincerely, Rebecca Baker Assistant Parks Director City of Aspen Attachments: Exhibit `A' - Army Corp of Engineers Letter Exhibit `B' - Project Location Map Exhibit `C' - Rio Grande Park General Plan Exhibit `D' - Illustrative Drawings of Repairs (6) Exhibit `E' - Letters to FEMA & Colo. Water Conservation Board SMR_LRG.doc Exhibit 'A' yr`�a�ATES Of�P,REPLY TO ATTENTION • DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 November 21, 1995 Regulatory Branch (199475278 & 199200308) Mr. George Robinson City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear Mr. Robinson: We are responding to your request for authorization for the repairs to the Rio Grande Trail embankment along the Roaring Fork River just upstream of the kayak course inlet. The river bank eroded away at high water this year removing portions of the trail and creating a significant safety hazard for the public. You contacted this office by telephone and we approved the repair of the river bank to maintain the trail. The project is located along the Roaring Fork River in the City of Aspen, Pitkin County, Colorado. On August 19, 1995, Mr. Michael Claffey met with you, your staff and Mr. Alan Czenkusch of the Colorado Division of Wildlife to review the emergency repair work at the Rio Grande trail. The work involved the discharge of less than one cubic yard of material per running foot of bankline below ordinary high water. As such, the repair work is authorized by Department of the Army nationwide permit number 13 for bank stabilization. However, when viewed from the opposite side of the river, Mr. Claffey agreed with the group that the rock work appears unstable due to the amount of voids between rocks and the use of rounded rock in some locations. Due to the safety considerations involved with the use of the trail, you are directed to rework the rock to create a more stable bank. In addition, you must remove some of the soil placed on the top of the bank or stabilize this soil to prevent the release of sediment into the river. The reworking of the rock below ordinary high water is authorized by nationwide permit number 13 and additional approval from this office is not required. The group also reviewed the erosion to the entrance to the inlet of the kayak course and the river bank at the midpoint of the course. You are authorized to repair the erosion at the course as part of the maintenance required under the Department of the Army permit issued for the course (199200308). You should submit a set of drawings, on how this work will be accomplished. During the same site visit, the group reviewed the Oklahoma Flats pedestrian bridge upstream of the repaired river bank. Mr. Claffey agrees that the bridge does not have sufficient freeboard above the high water elevation and presents a safety problem for trail users during high water events. We suggest that the City raise the bridge elevation to reduce this safety hazard. If the repair work to the bridge requires the discharge of fill material below ordinary high water for construction or temporary access, a Department of the Army permit will be required. There are several nationwide permits available for this type of work. If you have any questions, please write to Mr. Michael Claffey at the address below or contact him by telephone at (970) 243-1199. Sincerely, Gr y McNure Chief Northwestern Colorado Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Copies Furnished: Mr. Paul von Guerard, Subdistrict Chief, U.S. Geological Survey, 402 Rood Avenue, Room 223, Grand Junction, Colorado 81501 Mr. Alan Czenkusch, Colorado Division of Wildlife, 453 Mountain Laurel, Aspen, Colorado 81611 2. hXnlD1L b cn y �i ?i ''T': z brN - - �—_— "5-t, oo�a�FS 4� ` � ; Creek CD a i Go m �T clsatfNJdR �� b'S �y 7 err tsS3PM - u u N v. v. W xn o. +r a... ;. W ;, b• bC Y 3 J s -.. 4 ax" a i y, t l J c,n f, -� i tj 33 r T1vin Ridge n c. — L'tiSV in C) tnSu2'T7Si... +P O+ UPN W b N UN Iw dUPUu-,�P JPUW .� .a.• �J a e �- BSo�cii '' t 3 -E^.� s29 �.�'�irs���'� H So •p �� 3 -. s sz°� OR :n `n v_rr ��• g : tnIE C Q- E.T; E tEy c'F <A7C �• i2t i' ss*^8 ..{T� :f bb., �n< a a W .. otns o�tn�' cs� - o \ i4w 2 1. 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Q rIf • { � '� // f ply \� �.\ �\.SOD AREA \• tY RIVER ` "y • ^ t rt1;rU4/ / - ' CI.UDEEi..EEED TO 6 0 POND -�^ A Area #3 ASP 7IIRt AREA 1 CZ�` - .\` v. . rotta - -- i ris j _.._`\''; ` Area #4 41 • / / ` POND / .\ .1 �• SOD. „.J :J-i �/ -i _F,• / \ \ ` •/. • 1 i ..�1 tANDRESESLOPE � :" % _//•'••_ t'. AND RESEED WITH o . i• -.Z\ r _'_' - - _ I TALL GRASSES POND 0. ! \ ; - - Area #5 �`------- ATED Tf�{h_ '-`�:`'� REALIGNED DRCI{ / � j-.1 : /. ` - i.:.✓1. F��. �� . �.r�c�i� � . AREA: N /_urDAS 1� `.�Ymnow ttIt1SMs• eson .r \.` _` \ \ \ / - - _ _ _ • / _\• // '-LOCK SEATING f COURT 0. BASKE t V"JCULARGATE , lHLy(i1NNHJG OF" GRAVEL PATH - `ASPEN Area #6 --- SKETCHES AREA A: Entrance to Park by Bridge AREA B: Seating Area Near Bridge AREA C: Seating Area Along Path AREA D: Grotto Area AREA E: Silver / White Garden AREA F- Entrance to Park From Tent AREA G: Rockery with Shrub Planting AREA H: Kayak Access Area AREA I: Fritz Benedict's Waterfall SYMBOLS 0 E:fisting Deciduous Trees Existing Evergreen Tree Cairns (l) Spruce to be Transplanted Transplanted Spruce titp FIStAone is Gavel or Sod Cobbles.in Gavel or Sod \ ? Ar"s Of.RO& Retning ufor Grades Over Its �L�M MARGIN F.XFxRarrnr.r Fyn K AREA Of : Add Boulders to Control Erosion AREA a2. Add Boulders, Redtwig Dogwood d• Wild Rose AREA 93. Add Boulders Above Existing AREA 04 Add Boulders do Wild Rose AREA 95: Inlet - Add Boulders & Wild Rose ARE,,: 116 Rc-work Rocks, Fill Gaps, Plant Willow. Scrviccbcrry Redtwig Dogwood & Wild Rose 1. \,1 - \ \ - - LOWER RIO GRANDE PM4C Schematic Landscape Plan Prewrrd By- ML Daly Enterprises P.O. Box 5010 Aspen, Colorado 81611 Phan 970-925-1624 Fax 970-M3816 Scale: I' . NY PrortA: ' D•b= 11rn9s RN;,bnz' t2/ts/ss VI. Exhibit 'D' ADD ADDITIONAL BOULDERS TO CONTROL EROSION i LOWER RIO GRA.NDE PARK EROSION CONTROL ON KAYAK COURSE AREA #1 Prepared By: Mt. Daly Enterprises October 25, 1995 N . T. S . `SEED WITH NATIVE GRASSES AFTER PLACING TOPSOIL AROUND ROCKS r- t LOWER RIO GRANDE PARK EROSION CONTROL ON KAYAK COURSE AREA #2 prcparcA By: Mt. Daly Enterprises October 25, 1995 N.T.S. 0 t f ADD BOULDERS ABOVE EXISTING . . . . . . . . . TO CONTROL EROSION *SEED WrM NATIVE GRASSES AFFER PLACING TOPSOIL, AROUND BOULDERS LOWER RIO GRANDE PARK EROSION CONTROL ON KAYAK COURSE AREA #3 Prepared By: Mt_ Daly Enterprises October 25,1995 N.T.S. ROSES TO BE PLANTED IN AND AROUND BOULDERS ADD ADDITIONAL BOULDERS ABOVE EXISTING *SEED WITH NATTVE GRASSES AFIF PLACING TOPSOIL AROUND ROCKS LOWER RIO GRANDE PARK EROSION CONTROL ON KAYAK COURSE AREA #4 Prepared By: Mt_ Daly Enterprises October 25, 1995 N.T.S. i! Iy\.r 1 Am, ROSES rT' OSES 4c'J a E. ► + r.. , ?� jr ADD BOULDERS ABOVEEXISTING. RESET ANY BOULDERS DISTURBED BY SPRING RUN -OM KEY ADDITIONAL-�- BOULDERS INTO BASE BOULDERS. ADD TOPSOIL, THEN SEED WITH NATIVE GRASSES USING EROSION CONTROL NETTING ABOVE BOULDERS. -'' �i1 '_ �� '•' r' — PLANT ROSES AMONGST BOULDERS AS INDICATED. LOWER RIO GRANDE PARK EROSION CONTROL BEGINNING OF KAYAK COURSE AREA #5 Prepared By: Mt_ Daly Enterprises r'k-rn F*-r %t l()G\ ^I T C LOCATION OF PROPOSED COTTONWOODSCOTTONWOODS1,, L", TRAIL r; V N 1,113 L n L EXI G IL \r DOGWOOD r 1,; �I. DOGW REDI MG 7 G S SERVICi�BERRY ERVICEBERRY OSES ROSES Ir WILLOW ALDER wal-ow LOWER RIO GRANDE PARK RECONSTRUCTION AND REVEGETATION OF ERODED AREA BELOW TRAIL AREA #6 Prepared By: Mt. Daly Entcrpnscs October 2.5. 1995 N.T.S. Exhibit 'E' March 265 1996 Federal Emergency Management Agency Region 8 Denver Federal Center Building 710, Box 27657 Denver, CO 80225-267 To Whom it May Concern, The City of Aspen Parks Department has submitted a Stream Margin Exemption application to our Community Development Department for the purpose of repairing a stream bank and diversion channel island that were damaged by the high water event of 1995. The repair work includes re -working the rock embankment to improve the structural integrity of the bank and then re -vegetate the slopes with native plants to control future erosion. We will be doing similar work at the inlet to the island, as well as stabilizing and re -armoring a few areas along the channel and island. We are proposing to begin work in May before high water for this year. We have received Army Corp of Engineers approval under a nationwide permit number 13 to complete this work. Attached are the following: l . Letter to Stan Clauson, Community Development Director Requesting Stream Margin Exemption 2. Army Corp of Engineers Letter, dated 11 /21 /95 3. Project Location Map 4. 11 x 17 General Plan Map 5. 6 Illustrative drawings of repair work If you have any questions regarding the information provided please contact us at (970)920-5120. Thank you for your time to review this material. Sincerely, Rebecca Baker Assistant Parks Director City of Aspen March 26, 1996 Colorado Water Conservation Board Division of Water Resources 50633 Hwy 6 & 24 Glenwood Springs, CO 81601 To Whom it May Concern, The City of Aspen Parks Department has submitted a Stream Margin Exemption application to our Community Development Department for the purpose of repairing a stream bank and diversion channel island that were damaged by the high water event of 1995. The repair work includes re -working the rock embankment to improve the structural integrity of the bank and then re -vegetate the slopes with native plants to control future erosion. We will be doing similar work at the inlet to the island, as well as stabilizing and re -armoring a few areas along the channel and island. We are proposing to begin work in May before high water for this year. We have received Army Corp of Engineers approval under a nationwide permit number 13 to complete this work. Attached are the following: 1. Letter to Stan Clauson, Community Development Director Requesting Stream Margin Exemption 2. Army Corp of Engineers Letter, dated 11 /21 /95 3. Project Location Map 4. 11 x 17 General Plan Map 5. 6 Illustrative drawings of repair work If you have any questions regarding the information provided, please contact us at (970)920-5120. Thank you for your time to review this material. Sincerely, Rebecca Baker Assistant Parks Director City of Aspen DRAFT MEMORANDUM To: Suzanne Wolff, Planner Via: Nick Adeh, City Engineer From: Ross C. Soderstrom, Project Engineer Date: April 18, 1996 Re: Rio Grande Park Stream Margin Review Exemption (Rio Grande Park, Rio Grande Subdivision, City of Aspen, CO) After reviewing the above referenced application and making a site visit I have the following comments: Discussion: Through conversations with the City Parks Dept. I understand that the original proposed scope of work has been reduced due to timing of the work with the spring snowmelt and availability of consultants to review the Oklahoma Flats pedestrian bridge. At present the proposed scope of work to be begun immediately (prior to the snowmelt) is the reconstruction of the boulder rip -rap embankment on the south bank of the outside curve of the Roaring Fork River immediately below Rio Grande Place (and Recycle Center) in work area 6, and select bank reconstruction, armoring, erosion preventative rock features and limited bottom dredging to remove flood deposited materials in work areas 1 through 5. Re -vegetation with native riparian species shall be performed in these areas following the spring snowmelt this year. If permissible by timing and coordination with the Aspen Consolidated Sanitation District (ACSD), additional spot re -construction work may be performed upstream of work area 6 extending to the Oklahoma Flats pedestrian bridge. In consideration that;. 1) the proposed work re -constructs previously existing features; 2) makes permanent repairs of the emergency repairs performed' during the flood event of spring 1995; 3) provides preventative measures to damaged areas and areas likely to be damaged; 4) is in conformance with the previously approved Rio Grande Park Master plan; and 5) will effectively increase the flow capacity of the water channel and remove obstructions, the applicant is permitted to fulfill an abbreviated selection of the requirements for work in a water course. The applicant shall fulfill requirements 2, 4, 5, 6, 7, 9, 11, 12, and 13 in full. h In lieu of requirements 1, 3, 8 and 10, the applicant shall provide three (3) cross sections of the work area prior to and at completion of the work (at the work area 6, and 100 yd upstream and downstream of the 1 OF 5 DRCM0896.DOC Memo - Rio Grande Park Stream Margin Review Exemption work); a color photograph series of all the work areas before and after the work; a color photograph series of all the river bank areas opposite of the work areas; and the complete benclunark information used in establishing the cross -sections. If any previously unidentified utilities are uncovered during the work, these shall be reported to the respective utility, and the location, depth and type of each shall be recorded and presented to the respective utility and the Aspen/Pitkin County Data Processing Dept. Erosion and sediment transport control will be provided for the duration of the project. No soils report will be required since the entire soil mass behind the rip -rapped wall is imported fill material which will be partially replaced and re -compacted in this project. 1. Topographic Improvement Plat Survey & Flood Elevations: Prior to issuance of the construction permit, the developer of this project shall show the ribbon of the stream, mean edge of water, mean edge of high water, 50 year, and 100 year flood elevations (mean sea level; provide the name of the datum used) on a topographic plat survey of the river section where the work is proposed. The topographic plat survey shall conform to the requirements for an Improvement Plat Survey as defined in Title 38, Article 51, C.R.S. with additional topographic information as described below. The surveying will be performed by a land surveyor currently licensed in Colorado. The survey will include the area of the work, extend 100 yards upstream and downstream of the approximate centerline (transverse to the river flowline) of the proposed work and extend at least 100 ft (horizontally) beyond the limits of the 100 year flood plane on both sides of the flood course. The maximum contour interval shall be 2 ft. except in areas having slopes equal to or greater than ten percent (10%) where the maximum contour interval shall be 5 ft. The topographic map will be drawn at a scale of 1 inch equals 50 ft. or larger. The applicant shall also provide three (3) surveyed cross -sections of the river channel prior to and after completing the work in area 6. One (1) cross-section shall be made at the approximate centerline of the work and the other two (2) cross -sections shall be made 100 yards upstream and downstream of the approximate centerline of the work. In areas I through 5 the applicant shall provide color photographs of the river channel prior to and after completing the work. HEC II analyses depicting the existing and proposed new water course geometries performed by a currently licensed Colorado civil engineer shall be provided to the Engineering Dept. In the event that the finished work varies substantially from the proposed cross -sections, length, width or depth of the work area, the applicant shall provide additional topographic information and HEC II analyses to accurately depict the actual water profiles downstream, at, and upstream of the work area(s). If the finished work adversely affects the water profiles in a manner that would cause flooding of previously un-impacted areas, the applicant shall remedy the conditions at his own expense. 2. Utilities: The submitted site plan does not indicate locations for these facilities however the applicant shall contact each utility prior to commencing work to verify utility locations and field 'locate those which are within the proposed work area(s). 2OF5 DRCM0896.DOC p Memo - Rio Grande Park Stream Margin Review Exemption Any new utilities or utilities disturbed by the work shall be constructed or repaired with materials and utility equipment resistant to flood damage using methods and practices that minimize flood damage. 3. Site Drainage: The restoration work shall not release more than historic storm run-off flows from the site. A copy of the soils report performed by a Colorado licensed geotechnical engineer must be submitted to the City Engineering Dept. prior to issuance of the construction permit. 4. Pedestrian Path Area: The applicant shall be required to restore the Rio Grande Trail to its present condition, or better, before October 1, 1996. The trail cross-section shall be approved in writing by the Parks Director prior to issuance of the construction permit. The pedestrian trail space shall be shown on the final development plan. 5. Erosion and Sediment Control: The construction plan shall explain the means and materials to be used to minimize sloughing of the bank, (both new and existing soils and rip -rapping materials), during and following construction. Since the construction is intended to be phased, with the first phase to occur in May, 1996, prior to the annual snowmelt and high water, provision shall be made to ensure that the work areas and adjacent areas are fully stabilized and protected against normal high water levels which may occur during the spring run-off to minimize further erosion and damage to the work in progress. Prior to the beginning of work, a non -disturbance line shall be erected with fencing to delineate the work area boundaries as shown on the construction plans submitted with this application. The non -disturbance line shall be securely maintained until written sign -off of completion for the project. Completion of the project shall include that work areas and all areas disturbed by the work, shall be compacted, stabilized with previously approved rip -rapping materials and re -vegetated with plant species previously approved by the Parks Dept. 6. River Bed Access: The access route(s) to and from the river bed shall be approved in writing by the Engineering Dept. prior to issuance of the construction permit. The applicant shall obtain prior written authorization from the property owner(s) who's property provides access to the river bed for personnel, materials and machinery, and loading and dumping operations. 7. Public Safety: Access to the work area shall be delineated and controlled to pmvent the un-authorized entry of pedestrians, fishermen, and other people in the river bed or on the river banks in or near the work areas from the beginning to the end of construction. The area shall be clearly posted with signs prohibiting entry of un-authorized people. 3 OF 5 DRCM0896.DOC Memo - Rio Grande Park stream Margin Review Exemption 8. Surveying Standards: The Topographic Improvement Plat Survey needs to have the following items corrected or shown prior to issuance of the construction permit: A. Complete a Topographic Improvement Plat Survey as outlined in section 1 above. The topographic improvement plat must be properly titled as such; signed in the Surveyor's certificate which evidences supervision of the survey and compliance with Title 38, Article 51, CRS, 1973; and stamped by a surveyor currently licensed in Colorado. The survey shall include the title insurance certificate number, date of issuance and name of the issuing title company. (Or in lieu, a letter from a currently licensed Colorado attorney certifying the ownership of the property and no changes of property rights nor encumbrances since the last title report may be accepted.) The title insurance certificate must have been issued within one (1) year prior to the date of the topographic improvement survey and application date. (If submitted, a letter from an attorney must have been authored within one (1) month prior to the date of application.) B. Provide a record topographic survey showing the final contours, elevations, improvements and conditions (e.g. size and type of rip -rapping by location, utilities, structures, plant species by location). Include any utilities located, relocated, constructed or uncovered during the work. C. Use distinctive line types and labels to indicate the ribbon of the stream, mean edge of water, mean edge of high water, 50 yr. flood contour and 100 yr. flood contour. D. Provide full identifying information for the monuments used to establish the basis of bearings. Also provide the bearing and distance of the tie from the nearer basis of bearings monument to the property boundary, if applicable. Use two (2) City monuments within same city block, two (2) recorded subdivision monuments, other recorded monuments, or solar observations to establish the basis of bearings. E. Clearly and completely identify the type of survey monuments found and set by type and recorded identifier, (i.e. "PLS #####" or "LS #####") along with defining distances and bearings, both record and field measured. G. Provide the existing benchmark information including location, elevation, benchmark description and location to the City Engineering Dept. before completion of the project. 9. Regulatory Licenses and Permits: Prior to beginning work, the applicant shall obtain the required licenses and permits from the Army Corps of Engineers, the Colorado Water Conservation Board (CWCB), the Federal Emergency Management Agency (FEMA), the Colorado Division of Wildlife (CDOW)i, and any other pen -nits required to work in the water course. The applicant shall provide a copy of each license or permit to the City Engineering Dept. and fully comply with all 4OF5 DRCM0896.DOC Memo - Rio Grande Park Stream Margin Review Exemption DRAFT requirements of each license and permit in addition to those requirements of the City. In the event of conflicting requirements, the more stringent requirement or standard shall control. 10. Record Drawings: Prior to final sign -off of the project, the applicant will submit to the Aspen/Pitkin County Data Processing Dept. record drawings for the project showing tlic property lines, contours and elevations above mean sea level (provide datum information), building footprint, easements, encroachments, locations of utilities in the work area and any other improvements. 11. Adjacent and Opposing River Bank Impacts: The applicant shall inform the property owners of the adjacent and opposing river banks, upstream and downstream of the, into rided. work for the purpose of coordinating bank stabilization work and minimizing adverse impacts. As possible, river bed and bank stabilization and restoration work shall be coordinated between adjacent properties to minimize disturbance in the water course, reduce the number and frequency of water course work, activities, and minimize conflicting results. Work which adversely impacts adjacent property owners will not be permitted without mitigating measures. Specifically, provide copies of correspondence with the Moore family and Aspen Consolidated Sanitation District documenting the coordination efforts for this proposed work. 12. Rip -Rapping: Rip -rapping materials shall be angular, not spherical, to provide interlocking and greater friction surface areas, and of sufficient mass to remain in their placed positions. The loose pieces of concrete slag left from the former concrete plant and lying immediately in the work area(s) shall be removed from the site or covered with natural rock to improve the aesthetic appearance of the project area. Spherical boulders may be used in areas 1 through 5 individually and in clusters to create pockets, back- waters and other water features where structural integrity is not the controlling consideration for placement of the boulders. 13. Embankment Slopes: To the extent feasible, the re -built stone embankment shall be constructed with a slope not exceeding IV : 1 H and preferably a slope of IV : l 1 /21-1 or batter, or in a terraced configuration, and/or with vegetation pockets for riparian landscaping. Tbc existing emergency rip -rapped embankment has a slope greater than 1 V : 1 H for the portion above, I]) c in can lit gh water line which is the portion of the embankment intended for re -construction. 5OF5 DRCM0896.DOC MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Dave Michaelson, Deputy Director DATE: April23, 1996 RE: As Mountain Subdivision and Planned Unit Development - Conceptual PUD for Lot 5 (Grand Aspen Site), Continued Public Hearing SUMMARY: On April 9, 1996 the Planning and Zoning Commission conceptually reviewed the proposal for Lot 5 of the Aspen Mountain PUD. At that time, staff identified several conceptual issues that should be restudied, including the height and bulk of the primary structure on Dean Street, as well as the potential for modifying allowed uses on Lot 6 (the Ice Rink). Progress: Staff has had a series of discussions with the applicant and the consulting team regarding potential design modifications that would reduce the height and mass of the structure, as well as changes to the Ice Rink site. Potential solutions that have been discussed in reference to the Dean Street Building included the relocation of two units to the rear of the parcel, attached to the proposed townhomes that face Galena and Mill. Preliminary drawings and elevations have been submitted to the owners of the property for consideration, but have not been approved for submittal to staff. The applicant has indicated that these elevations and site modifications will be presented to the Planning Commission on 04.23.96 following review and approval by the owner. Staff also has meet with the project's design team to discuss the Ice Rink site. Staff has developed conceptual ideas for reinforcing the public nature of the site, and will present design concepts for the Commission's review on 04.23.96. Concepts currently being discussed and refined include improving and expanding available public seating, particularly near the Mill/Durant intersection, as well as allowing some level of commercial/food service/retail activity as a permitted use. A primary constraint to outdoor seating, regardless of additional uses, is the lack of noise buffering from the adjacent Ruby Park Transit Station. If light rail terminates at this point, the need to insulate the site becomes even more important. In addition, potential modifications to the constraints placed on the site by prior PUD approvals have been discussed, but no agreements have been reached between the applicant and staff. Staff feels strongly that the site is extremely underutilized, and does not reflect the public -use potentially, Vailable in the future due to expansion of the pedestrian nature of Dean Street. I Staff Recommendation: Staff recommends that the Commission allow the applicant to present any proposed refinements that the owners have approved, and make a determination on the conceptual issues outlined in Staff s April 9, 1996 memorandum MEMORANDUM - TO: Planning and Zoning Commission FROM: Dave Michaelson, Deputy Director RE: Aspen Mountain PUD Lot 5 (Grand Aspen Site) Planned Unit Development (PUD) Conceptual Review DATE: April 9,1996 SUMMARY: The Planning Commission has established two public hearings (04.09.96 and 04.23.96) to review the conceptual PUD Plan application for Lot 5 of the Aspen Mountain PUD. Lot 3 (Top of Mill) will not be presented to the Commission until a later date. Due to the complexity and importance of the site in the context of the central core of the City, staff has used the first staff memorandum to address conceptual issues that should be addressed by the Planning and Zoning Commission in the early stages of review. Issues staff feel are appropriate to frame at this point include the proposed use, mass and scale, the general relationship to the existing neighborhood, and the sensitivity to the critical nature of linking the site with the Little Nell and gondola area. These issues are summarized in the context of the applicable criteria for conceptual PUD review. As consensus is reached on the broader aspects of the project, staff is suggesting that the review become more detailed in scope. PROCEDURAL OVERVIEW: The project is being processed as a four -step application, with reviews occurring at different steps. Staff has summarized the timing of specific requests below. Step 1 - P & Z Step 2 - Council Conceptual PUD Conceptual PUD Subdivision f l) Subdivision (1) Notes: Italics represent public hearings (1) Subdivision for only Lot 3 Step 3 - P & Z Step 4 -Council Final PUD Final PUD Text Amendment Text Amendment Rezoning Rezoning Conditional Use 8040 Greenline Viewplane APPLICANT: Savanah Limited Partnership, represented by Sunny Vann and John Sarpa LOCATION: Lot 5, Aspen Mountain PUD. Lot 5 is located on Dean Street south of the ice rink between Mill and Galena Streets, and extending south to the Alpenblick condominiums. The parcel includes a portion of the Dean Street right-of-way, which was vacated in connection with the original PTJTD approval. ZONING: L/TR PUD, (Lodge/Tourist Residential, mandatory PUD review) A small area of the vacated Dean Street right-of-way is zoned CL, Commercial Lodge. LOT AREA: 86,605 gross square feet. When the vacated right-of-way is subtracted from the total lot area, the net lot area for the purposes of calculating FAR is reduced to 73,070 s.f. The PUD agreement (page 39) also makes the applicant responsible for net new employees for he Lot employee housing requirements as may be deternther uned during the amended approval process 5 component of the PUD. Staff has attached all of the background material submitted by Alan and referenced in his comments. STAFF COMMENTS PUD CONCEPTUAL REVIEW: Pursuant to Section 26.84.030 of the Aspen Municipal CodeStaff development application for PUD review shall comply with the following standards and requirements. has framed the responses in the context of the conceptual issues identified in the summary. General Requirements A. The proposed development shall be consistent with the Aspen Area Comprehensive Plan. address Responsg e: Althou h it is true that the 1993 Aspen Area Community Plan did not specifically For example 5 of the Aspen Mountain PUD specifically, several, policies appear to be relevant to areas in the downtown under "Design Quality and Historic Preservation includes a policy to y core could be developed in order to attract social activity in specific places." A thoug hehRi Dowtz-Gntown dola Enhancement Plan effort has just begun, the critical relationship of Lot 5 with bothRink emphasizes the public nature and future potential of the site. corridor along Dean Street and the Ice e project currently proposes a curvilinear landscaped plaza along the vacated night-of-wayofDean Street a � P J to provide an enhanced pedestrian path from the Ritz to the Little Nell Dean Street linkage i k g pedestrian mall as priority for the City for some time. Staffs concern with the propose ed is the private nature of the proposed project, in the context of the public setting adjacent uced be the Ice proposed is Rink and proximity to Ruby Park and the downtown core. The projecabandoning lansblo use SOthoteUlodge credits applicant's intent of only using free market allocations and aband b p approved with the original PUD. the mall b including first floor commercial development, and allowing for The possibility of animating Y some fo rm of outside seating to encourage public use of the area is an issue worthy of discussion. o Staff n recognizes that additional GMQS all for commercial development verould sion bactor between either the that could potentially overcome this constraint would be to develop a co or free market credits to allow for small-scale street level commercial uses without competing through lodge the GMQS system. proposed B.e The development shall be consistent with the character of existing land uses in the surrounding area. nse: Neighboring development includes the Ritz -Carlton hotel and numerous mixed use o slti-ffr from Respo -- Neighboring is condominiums, commercial and public uses. The Dean Street building to residential rnature of the project ice rink and the Rubey Park bus station. As discussed above, the private a ears to conflict with the public setting, particularly in light of enhancing the pedestrian pathway along PP vacated Dean Street. 3 C'. The proposed development shall not adversely affect the facture development of the surrounding area. Response: Lot 5 represents the last significant development opportunity in the immediate area. Although the area is essentially fully developed, that redevelopment can be expected in the general area. Staff would suggest the proposed height variance request, if approved, will impact the viewplanes from these properties, or set precedent for future development. In addition, the proposal would place passive, private land uses adjacent to an active public space and transit center. D. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. Response: As discussed at length at the work session and described in the application, no GMQS allocations are required for the development. Thirty-nine of the forty-seven residential units proposed for Lots 3 and 5 are to be developed utilizing reconstruction credits which were previously approved the City and confirmed in the Amended PUD Agreement. The remaining eight residential credits were obtained via the GMQS process. Final approval can be granted to the project following the completion of the PUD review process. Staff notes that the GMQS allocations are maximum ceilings for development of Lot 3 and 5, and in no way should be considered approved densities on either parcel. Additional PUD Standards 1. Density: The L/TR zone district requires 1,000 square feet of lot area per bedroom. The project proposes 72 bedrooms, which requires 72,000 square feet of lot area. Sufficient lot area is available to accommodate this density. No reduction in density is necessary due to the presence of slopes in excess of 20%. Staff notes that the net lot area is 73,070 s.f. The proposal represents the maximum number of bedrooms that can be placed on Lot 5. Land Uses: Multi -family dwellings are a permitted use in the L/TR zone district. 3. Dimensional Requirements 4. Off-street Parking: 72 parking spaces will be provided in a sub -grade parking garage, which slightly exceeds the minimum number of 60 required spaces (one off-street space per bedroom, or two per unit). 5. Open Space: The L/TR zone district has a minimum open space requirement of 25 %. The applicant represents that approximately 39% of the undeveloped area on Lot 5 meets the open space definition. Staff notes that the proposed design leaves sufficient open space to provide visual relief to adjacent properties by breaking up the structures and providing east/west corridors parallel to Dean Street, and north/south between the townhome structures. 6. Landscape Plan: A detailed landscape plan will be provided and reviewed with the final PUD Plan application. Staff has suggested that the eventual configuration of the passage way on Dean S11'reet is a critical component of the project, and should be refined at this stage of the process. 5 �767 Fl- t ►D qZ y 3 Fr- Steven and Debra Falender 712 South Galena Street Aspen Co 81611 April 19, 1996 Sara Garton, Chairperson Aspen Planning & Zoning Commission RE: Grand Aspen Site, a part of the Aspen Mountain PUD Dear Ms. Garton, My name is Steve Falender. My family and I are full-time Aspen residents living at 712 South Galena Street, a duplex directly across Galena Street from the Alpenblick. I have the following concerns about the proposal for the Grand Aspen site, all relating to the four townhomes proposed along Galena Street: (1) The maximum height of the two most -uphill townhomes, as indicated by the marker pole placed on the top of the existing hotel, is much too high. The proposed roof appears to block even our distant view of Red Butte. The above -ground height of the building, that is, from the exposed lower level to the roof peak, seems to be taller than other recently constructed townhomes in Aspen. (2) The setback from Galena Street for the proposed townhomes appears to be significantly less than the setbacks for other buildings along the street, including the recently constructed Galena Place condominiums. (3) Although the proposed "Chicago -style, articulated" design of the townhomes is attractive, and appears to be of the highest quality, the design style results in tall and boxy buildings. In order to better preserve views, and to lessen the corridor feeling along both Galena and Mill Streets, I wish the developers would consider another an architectural style that is lower and lighter in feeling that the proposal. Even the rounded roof lines of Galena Place are more view -friendly than the proposed design concept for the Grand Aspen site. In order to reduce the height of all the condominiums on the site, including the townhomes and the main Dean Street building, I suggest that some of the open space between the Dean Street building and the northern -most townhomes be reduced. Although the developer has suggested that this open space would be available to the public, I believe that the pedestrian traffic through the site from properties such as the Ritz and the Tippler would ultimately result in the closing of that pathway to the public. Grand Aspen Site, April 19, 1996 letter, page 2 Overall, I am impressed by the developer's site plan and obviously high quality project. If the roof heights could be reduced and the setbacks increased similar to Galena Place, I think the development would be more friendly to the neighborhood, and better preserve the view of the mountains. Thank you for your time and consideration. Steve Falender 712 South Galena Street Phone: 920-1816 CC: Dave Michaelson, Planner Savannah Properties RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF THE RIO GRANDE PARK STREAM MARGIN REVIEW Resolution No. 96-17 WHEREAS, pursuant to Section 26.68.040 of the Aspen Municipal Code, the Planning and Zoning Commission may grant approval for development within 100 feet, measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, if the development is determined to be in conformance with the requirements of said Section; and WHEREAS, the Community Development Department received an application from the City of Aspen Parks Department for Stream Margin Review approval to repair and stabilize areas adjacent to Rio Grande Park and the Rio Grande Trail which were damaged by the flooding of the Roaring Fork River in 1995; and WHEREAS, the City Engineering and Community Development Departments reviewed the proposal and recommended approval with conditions; and WHEREAS, the Commission reviewed and approved the Stream Margin Review with conditions by a 5-0 vote on April 23, 1996; and NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby approve the Rio Grande Park Stream Margin Review with conditions as follows: 1. The applicant shall inform the property owners of the adjacent and opposing river banks, upstream and downstream of the work to coordinate work to minimize disturbance in the river (specifically the Moore family and the Aspen Consolidated Sanitation District). 2. The applicant shall provide 3 cross sections of the work area prior to and at completion of the work: one at the approximate centerline of the work, and the other two 100 yards upstream and downstream of the centerline. 3. The applicant shall provide before and after photos of the work area and of the opposite river banks to the Engineering Department. 4. The applicant shall restore the Rio Grande Trail to its present condition or better by October 1, 1996. 5. Silt fencing shall be used to prevent any erosion or sedimentation from entering the river. 6. Provisions shall be made to ensure that the work areas are fully stabilized prior to high water to minimize damage before the areas are revegetated after high water. 7. The Engineering Department shall approve the access route to and from the river bed prior to issuance of a construction permit. Access to the work area shall be delineated and controlled to prevent unauthorized entry into the work area. 9. All representations of the applicant are considered conditions of approval. APPROVED by the Commission at its regular meeting on April 23, 1996. ATTEST: #k-ie Lothian, Deputy City Clerk PLANNING AND ZONING COMMISSION: Sara Garton, Chair