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HomeMy WebLinkAboutcoa.lu.sm.Reich Lot8,9,10,11 N1/2 of 7.A070-981 . 0 0 &cJiYOF ASPEN PLANNING CASELOAD INDEX PARCEL 1 2737 073 11006 08/27/98 CASE,;N±;AO7O-98 CASE NA - Reich Stream Margin Review Amendment Chris Bendon PROJ ADD Lots 8,9, 10, 11 and N 1/2 of 7, Stream Margin Review i ;STEPS 0 Denise Reich ( 1873 S. Bellaire, #70 I Denver, CO 80222 1 REP Vann Associates,Sunny V. 230 E. Hopkins Ave. j Aspen, CO 81611 920-9310 -ara FEES DUE-450(d) I 111=Nallilll It REFERRA ' I g ..'� �°a MI , DATE OF FINAL ACT • ram ck" CITY COUNCIL,, REMARKS M W PZ< CLOSEL 10.12,''$ �y� r BOA. _ DRAG* PLAT SUBMITD: ADM did !rri. MEMORANDUM TO: Stan Clauson, Community Development DirectoiAP PROVED FROM: Christopher Bendon, Planner V v AUG 2 7 1998 RE: Reich Stream Margin Review AmendmentOMMuNI y DEVELOPMENT DIRECTOR Lots 8, 9, 10, 11, and the North 1/2 of Lot 7 vi; 01e1S9gNOklahoma Flats Addition. DATE: August 24, 1998 SUMMARY: Denice Reich owns a vacant lot along the Roaring Fork River in the Oklahoma Flats Subdivision. This parcel was granted a Stream Margin Review approval by the Planning and Zoning Commission in 1990 --Resolution 90-5. This approval was not associated with a site specific development plan but did determine a building envelope and required certain foundation design parameters to ensue the appropriate construction practices would be observed. The approval was then granted vested property rights by City Council. The applicant now wishes to move a small cabin and an accessory shed structure to this parcel. The period of vested right has expired, subjecting the property to changes in the land use code. The Stream Margin Review criteria have changed with the inclusion of six additional provisions. The applicant, however, has demonstrated the ability of the proposed development to comply with the original approval and these additional provisions. The building envelope established in 1990 is approximately 35 feet from the edge of the river. The site is relatively flat and the top-of-slope, using the current definition, would most likely be within 5 to 10 feet of the edge of the high water line,possibly placing the building envelope closer to the river. Planning staff has suggested conditions of approval which will ensure compliance with these criteria and allow the applicant to use the building envelope designated in 1990. Staff has reviewed this proposed amendment and recommends administrative approval by the Director,with conditions. APPLICANT: Denice Reich, Owner. Represented by Sunny Vann, AICP. LOCATION: Lots 8, 9, 10, 11, and the north half of Lot 7,Block 1, Oklahoma Flats Addition. ZONING: R-30. Low Density Residential. REVIEW PROCEDURE: • 1 Ark • Insubstantial amendments to an approved Stream Margin Review may be approved by the Community Development Director, pursuant to Section 26.68.040. RECOMMENDATION: Staff recommends the Community Development Director approve this Insubstantial Amendment with the conditions listed below. APPROVAL: I hereby approve this Insubstantial Amendment to the approved Stream Margin Review for the Reich parcel with the following conditions: 1. The following items shall be submitted to complete the land use application: '/• A site plan showing the parcel, building envelope, significant vegetation, and the approximate location of the proposed structures within the envelope. • A site section demonstrating the new structures compliance with the progressive height limit, a 45 degree line from the top-of-slope. • A land use review fee in the amount of$450. • The written authority for any third person to represent the owner of the property. 2. There shall be no development outside the building envelope other than approved native vegetation. The applicant shall provide a landscape plan with building plans prior to issuance of a building permit. 3. All exterior lighting shall be downcast and not directed towards the river. 4. The applicant shall gain an exemption from Growth Management for the proposed residence pursuant to Section 26.100.050. Any"temporary"affordable housing deed restriction on the new residence,for the purpose of satisfying this requirement, shall be approved by the Aspen/Pitkin County Housing Authority. 5. All other aspects of Planning and Zoning Resolution No. 90-5 shall remain in effect. 2 date n ?) � � t� Stan auson, ommunity Development Director ACCEPTANCE: I, as a person being or representing the applicant, do hereby agree to the conditions of this approval and certify the information prov de. ' this application is correct to the best of my knowledge. / date Sdn�y' ,AICP,Vann Associates, rep -vnting Denice Reich, owner. • ATTACHMENTS: Exhibit A -- Application • 2 0 VANN ASSOCIATES, LLC Planning Consultants October 12, 1998 HAND DELIVERED Mr. Chris Bendon Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Reich Stream Margin Review Dear Chris: Enclosed is a site plan depicting the approximate location of the proposed structure within the previously approved building envelope,a site section demonstrating the proposed structure's compliance the progressive height limit, a permission to repre- sent letter, and a check in the amount of$450.00 for the land use review fee. These items should be sufficient to finalize the Community Development Department's review of the Reich Stream Margin Review Amendment. I would appreciate a copy of the staff's executed amendment approval memorandum as soon as it is available. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, V• ► ASSO "' ES, LLC r Sun ann, AICP SV:cwv Attachments cc: Denice Reich (via fax) c:\bus\city.ltr\1tr37198.cb3 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 1LI-l;Y FkUM IIJ • • • July 15. 199'8 • BAND DELIVERED Mr. Chris t3endon Community Development Department 130 South Galena Street Aspen, Colorado 81611 • Re. Permission to Represent • Dear Mr. Fern: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent me in the processing of my application for a strew =ruin review amendment for ray property which is located North Spring Street in the City Of Aspen. Mr. Vann is hereby authorized ua act on our behalf • with respect to sU matters reasonably pestering to the aforementioned application_ Should you have any questions, or if we can be of any further)assistance, please do not hesitate to call. Sincerely, • • L IP ]Denice Reich c baskdty.Ilx\tr17198-cb2 • • • • • . ---- .- • . . . :...a • • • . „ • • . ,. • . . .•• •. _ - - - i i cp COO 1 I _ < 13 .)::•147) 0)CLI ...%)di i 1 t _ fl I: 0 c _ 8 5 a 13) To- • al Z3 - - o m E c Mu) co— EC dj 2 2 e6 o' 1.- S._.• „---;-•--.' ( ) 17 NI I ,..7/ ) _ ..n :." • ,, ,.\_____N_J-v-1.-1 _,.,.•--7'-'\_••(.' '''' • - ._.--- _-----" • >----- . I __ .._..... ..----- ..._ _....... II' a 1- ! -SI ....,.. I c\ r--- :'.. . -\ _ „, ........ . .. .•, .... St -z. . I i Tr ''—lii.i10•'-'-'i:.\- `---- .I .... I •--') • \ c----- .. --\ C. 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Ca. . 1 \ • .... C4....'.■. I \ IN • 1 \ 0-• V I \ 1 \ , . it .• , ' 1 \ 1 \ 1 : ; 11 1 .„. \ •. , I .„.... I I \ I \\ • 1 i . \ • \ : H I \ • \\ 1 . \ \ i 4. ■ 1 \ lZ/ ... • 44 •, 1,1 i\ I . .. la. ) 1:Zi Q. 4..... ....... C....-....... • I . L • a VANN ASSOCIATES, LLC Planning Consultants July 15, 1998 HAND DELIVERED Mr. Chris Bendon Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Reich Stream Margin Review Dear Chris: I represent Denice Reich who owns a vacant parcel of land located adjacent to the Roaring Fork River on North Spring Street in the City of Aspen. The parcel is legally described as Lots 8, 9, 10, 11 and the north 1/2 of Lot 7, Block 1, Oklahoma Flats Addition, City and•Townsite of Aspen. As we discussed, Ms. Reich wishes to relocate a small single-family residence from a neighboring property to her vacant.parcel to reduce her property taxes. The resi- dence which she proposes to relocate is scheduled for demolition to make way for the construction of a new, larger single-family home. As the attached special warranty deed indicates (see Exhibit 1), she acquired the parcel in question from her brother, Richard Volk, in August of 1990. The relocation of the existing residence to the Reich property is exempt from growth management pursuant to Section 26.100.050.A.2.c. of the Aspen Land Use Regulations as the parcel was legally described prior to November 14, 1977. Ms. Reich need only comply with the affordable housing mitigation requirements of Section 26.100.050.A. 2.c.(1) and the conditions of a prior stream margin review approval which encumber the property. Obviously, other municipal regulations of general applicability (e.g., the Uniform Building Code, etc.) would also apply to the proposed relocation. At issue is the expiration of the prior stream margin review approval's vested rights status. As attached Planning and Zoning Commission Resolution No. 90-5 indicates (see Exhibit 2), the parcel received stream margin review approval on February 20, 1990. Vested rights status was granted by the City Council on June 11, 1990 pursuant to Ordinance No. 90-35 (see Exhibit 3). An Agreement of Dedication and Restriction (see Exhibit 4) was executed by Ms. Reich and her brother on August 3, 1990, as required pursuant to condition #1 of P&Z Resolution No. 90-5. 230 East Hopkins Ave. • Aspen, Colorado 81611 • 970/925-6958 • Fax 970/920-9310 • Mr. Chris Bendon July 15, 1998 Page 2 As the attached copy of my original stream margin review application indicates (see Exhibit 5), the P&Z granted approval to two separate parcels, Ms. Reich's property (which was referred to in the application as Parcel 1) and a second parcel (referred to as Parcel 2) which has since been sold and developed. A map depicting the two parcels is attached as Exhibit 6. A letter from Vann Associates requesting confirmation of the approval status of Parcel 2 was submitted to the Planning Office in December of 1992 (see Exhibit 7). Kim Johnson's response is attached as Exhibit 8. While Kim generally confirmed the content of my letter, she clarified the expiration date of the approval's vested rights status which subsequently expired on February 20, 1993. The original stream margin approval, however, remains in full force and effect, subject of course to any changes in the Land Use Regulations which may have occurred since the expiration of vested rights status. With respect to the City's stream margin review process, please note that six addition- al review criteria have been adopted since the original stream margin application was approved. These criteria are listed as criteria number 9 through 14 in Section 26.68.040.B. of the Regulations. Criteria number 1 through 8 are identical to those in effect at the time of the original,approval. The six new review criteria, and the approved application's compliance therewith, are summarized below. 1. "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." A site specific building envelope was approved in 1990 and is depicted on the exhibit which is attached to the Agreement of Dedication and Restriction. As the exhibit illustrates, the envelope is setback approximately thirty-five feet from the edge of the River. This setback will ensure compliance with this review criteria. 2. "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 Zoning Officer utilizing that definition set forth at Section 26.04.100." The exact location of the relocated structure within the building envelope has not been determined. Compliance with this review criteria, however, can easily be demonstrated in connection with Ms. Reich's application for a building permit. The existing residence which Ms. Reich proposes to relocate to the property is quite small and limited to a single story. Mr. Chris Bendon July 15, 1998 Page 3 3. "A landscape plan is submitted with all development 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 ripari- an vegetation." Condition number 3 of the P&Z Resolution No. 90-5 requires the submission of a landscape plan for review and approval by the Parks Department prior to issuance of a building permit. Extensive landscaping is not anticipated in connection with the relocation of the existing residence. All ornamental landscaping, however, will be confined to the previously approved building envelope. 4. "All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope." Compliance with this condition will be demonstrated in connection with Ms. Reich's application for a building permit. 5. "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 seal level." An existing conditions map is attached to the Agreement of Dedication and Restriction. 6. "There has been accurate identification of wetlands and riparian zones." The property's riparian area is depicted on the existing conditions map. The approved building envelope setback from the River is more than adequate to preserve the depicted riparian area. Based on the above, it would appear unnecessary for Ms. Reich to undergo further stream margin review at this time. Compliance with the additional review criteria which were adopted subsequent to the original approval has already been demonstrat- ed or will be addressed in connection with the issuance of a building permit for the relocation of the existing residence to the property. The building permit application will comply with all conditions of the original stream margin review approval, the requirements of the Agreement of Dedication and Restriction, and the additional review criteria which were adopted subsequent to the original approval. I would appreciate it if you would review the attached material and advise me as to whether additional approvals will be required to accommodate the proposed reloca- tion. As the existing residence must be relocated this summer, your timely response would be appreciated. • Mr. Chris Bendon July 15, 1998 Page 4 Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VA ASSOCIA;¢ S, LLC Sunny c , AICP SV:cwv Attachments c:\bus\city.ltAltr37198.cb 1 . . • ..,.„..' . .•:••••P;--- - ••••• . J--.,,•-•;•,••,- - ,.-:•-. •:-.1`, V..1.: •;•• •-;••:' ..':,;,-. - ,;,:.',.•,:"t„.,Y,77:. :::.-LF%'-':.'•:!,..• • .,:- , ..„ ."-''.:'..;•-tp .,•••••-. :\--., —,.. 0 . ''',;•. , ,•:.•-).::::-..;:l'-.. . • EXHIBIT'll'i ,.....).,..*:,,,,,T,-,-,z.-..:•;,,f.:,...:-..,,i,,,.:,„.-....-.,-....:,.-4.- ,,:.x.,.-„,...-,.--.;-: -.7.-::::.,.._ii,.:r.:-,z::...: -._...--.......,. . . .. ,,,...„..,,,,,,,:••••,..4..:..7).,,,, 7.:::,;,....;:.„„:::, ,.. ,...,..„.„..,,, ,,,.„:„..... .. , _,:....,,, ......,..:,•, . •....• ,._ .,-..„,.•,..., ., ...,.... • :,....,...--....:„ ...„...„. ........,..„..... . . l #329738•01/23/91 10i 18 Rec $5.00 B 638 PG 317 . _ .. . .• - A ,.. ;,,i.;: ..,,,,,,,. •.1`,..i7r..1.-'-:::, .-:::..4,;--- , Recorded at . • o c Silvia Davis, Pitkih,.:Cnty Clerr, Doc $.00 ; . i, • .- , ,:•:.; • ' Reception No. .. , , 1", IS•ii '',;;;;,',:. SPECIAI.SS'ARRANTY DEED C .. . ,. . ... ,. ... . THIS DEED.Made this 3rd di)or August .1990 . . .. . . • z ?. between Richard W. Volk, Trustee UTA dated . ‘ • ..L..', 10, 1984 a■ !....- ' . ,z,.... -,-..'''' :::.---:. • (r.: 4rd 74.: ' • , . -ht•1, • :.. -.. 0 C. t,f the . --, 1..t? IT II:, Ctiunty of Pi tkin •slaw nr(•,,hwado.vanumsc and • :.,„, . .1.f.,''../... '-' ..spenice C. Reich •, . . _—._ >, •,'. ',.. , .., t•-■ =-•:. et ,: , . 2, r.4 i' - .. C.' tat e-t- x whine legal address is Suite 200, 3801 E. Florida, ff.....,'". Denver, Colorado 80210 ' • 4,-, . • . .. .• .. .,.,,- - 1,,,•.••• .-- :,---•,. . .-. • r,„rs'i 0, the ',.}. County of • State of Col.--'.'.. nept grantee S .' • ',.:',: t.- •1 H •., WITNFSSETH.That the grantor(al.for and in consideration of the c.im of'Ten Dollars ($10.00) and E-i 0 -% ' •. .‘-: ."' . Ce,zother good and valuable considerations . XKOOCARt. , . -•:.'- .,:,'' *..•''',:i...,:,..i.....-.:..., ....t arlt ,•••,-\,i the receipt and sufficiency of which is hereby acknowledged.MS granted.bargained.sold and ermveyed.and by these presents does grant. „, •..;.7 :I':! •'.., I,'i',,- , -,..„' ,:.,- _:4-S&s.....•': .f CO .... bargain sell convey and confirm.unto the granteepg i .,. her heirs ar.d assigns forever.all Ile real pmpeny.together with improsements. et E .1 ci pi if any.situate lying and being in the County of,,: Pitkin .State of Colorado. r;-:-.'.. ; t8 E9 f§1., described as follows: lift iz-. , , .4,,,---f-1....:...,: ._. •1 -.• ', ' "i?4.."',,,---• - 4.,-, '-... -— ,=,,,,,,k,;:.'•-,..t.,• c_. , ,, .-- ' •• - eag.;4-...--,-,-, o I.,:,F.,:,,g Lots 8, 9, 10, :11 and the North half of ''' - • - '4-'1'.>-•<'• .••• - >4 4'''' Lot 7, Block 1, •Oklahoma Flats Addition, '4 ns . . .i.:. . ' - -.‘'. ',':.;t:•=i':',7iT. , City of Aspen, Pitkin County, Colorado . 1.., :','...•.':.'. i.. .. --..3, .Y-'1"-:' ' • . . '...,••••`- -al.•:'..- 4 ' , . '. . ",.'.•-... c',.' 1 i . :i..'.. .1.."' '4.4.1r.N;:,,t?:-.. .! . .• • • 1 •-•. • ,:.'. • •11:7:4,i1;:;.•.:1 , ;1 .. • •-. ... ,4-.,,„,,,,,,,,,,,...,„,. ,.. , . • ,, ..i.,..,... •, _. ..., ., .. .,..., ,.,....... . . ,, .-„%.- -,..,:„ . ... .,., . .......... ... , . ..,. . , .. ,, ..,.,. -,,. ..., ,...,...„„ .,•,, ,,,,,-....,,, '1. . X940(94/(iYAVegthY4/1.141grat: 1 /a - .'• ."' '-- / i i TOGETHER with all and singular the hensditanWnts and appunenances thereto belonging.or in anywise appertaining and the reversion and . :-'-''-. ,=::-.4-r. 1; reversions,remainder and remaindets.tents.Mums and profits thereof;and all the estate.right.title.interest,claim and demand whatsoever of the . -. .--.i,.,.r.. ':. '-.t'.r,-..'',::. " , ''' • 1 I granton al.either in law or equity of.in and to the above bargained premises.with the hereditaments and appurtenances: 4,-- .4-- ...,-:.:;.•;:, TO HAVE AND TO HOLD the said prmnises above bargained and described with the appurtenances.unto the granteetit her ',ens and t'''I.' ''::-:,r,.;:.11'i':'::,,,• .i ' ,i !I as'ilns forever-The graincekl.for him sel f-;;;;.:his heir5 and Prs.analrelneletnaliws or,neee's'esIOIRCI° "Inanl and agree lbw , he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee011. i'.'8■": , •,',', '.,:."•..,, ,'''•,'.'• '..',',;::; 'f'• ':41 '' her heirs and assigns.against all and every parson or persons claiming the whole or any pan thereof.bs.thnsugh or under the *** 'Nti• '•.;',......%:"..,". .... .... , ,••':-''.:-.-..`..',..,. .;'::/...,'!^.-',-.`7.;::- , IN WITNESS WHEREOF.the grantog ha S c„;:-.;.. accused this deed co the... e forsh A..o . , . . . • . ..,....,%:.. ',..:,,,-' ..: 7° ,•,'=iiii.,'.",... • li t lift.,i/ Igla 1, :T=.7.-r--,,.., ..:i .:. .,. . III 'Richard W. Volk, Trustee 6: ,•ri,'... ....!:,.''' 4 IIi ....':; ..: i UTA dated March 10. 1984 ii :',.:%•.; 2,. .':'}.Ci.,-":, ..'.....,..;•• i I; :i.,...i.•-•...,.. *. :.,ta;:.:;,,,,..11: ;',....f-_•;-„•.,.,". ;I ...,,,.,..-:,.:!- •‘;'..,:..1:-,• . •-• ,:lialip.,: -.:.•.;•.i.,,,„.1.,!: ;..:-..':....:',.'„ :..., . - t: ': STATE OF COLOFtADO. lr,. i! ■ , •1 •. ....5...1 SS. .I COUnt)or Pitkin II \' i,:':::,:' . ..-,., '••.. ',.:!?;••.-,.. • I I The foregoing instrument Was aCkllessledged before me this ,...1 4„1 August .tv 90. P :'-: •• .4,..;•:4,Q-.. - .- , . . •.• .. ... .... • 4 „ by Richard W. yolk, Trustee UTA dated. March 10, 1984. • -..: rA) 1 t . -1 .... .. "s4 i, ;.., - - :- ::,: •: .. .: ***grantor, except and subject Wanes%my band amd offkiai•cal. , L ._...0.,4,, .,.. • 43'l.;:',"; ''."`-.',*;.;■`-,,, "7"-?-...::''' :..' i; Agreement Qf_Dgigicaclon -.• Res-trio- My .0.e:reining'evens J -e - F . • J . tIon recoro:w . p• at,page . ,f.i°:--,--.2-,1:..,-/".• - ••• - , .• •.'---. .•/.1.*".....1?! ...- •. ..1-4;--• '...:,,,:•., '-'••t.5i,;:,;_'....`....• • f 1 of the Pitkin Coun'''._recccds: . - ,-,•-•:-.ii•-•,c-7-.,:•-• -- ---.-- 0,, s.( -..•,_;. -- -. .• --.-,••••• ..-. , ',...-:;,.:::-..-....,... ,,,,,,41.1.?...• 1-•-•;:.•,.>•• Nti:::•7---...-• ; ' .:••••:?r,-.':-g-t--,--••;.t••.t.',..-.,,.; '• -- -...:::`,"....i:;:.'/-iiA:',••",:,.f-::: ••.• '- .••'.;.•-:-:::::$`... ..:=•:,••,.'-:•':-•,.-.:7,-,..."....P""" - .-,.-. . :. I. -.... ...:„:;...-..61...,,,.1:,;:„,.•• 1/1,;1''i'f°.C7,. !..f,-,..: '--: ,-4!kil'-',-t'.'-',..•.: 1' • • "'''.—v :-•'4h1,°V • • ' •,..,,-,::-.5.4y.;::,...-.-. - - - . 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'''.',-.,4-,jf',' !;"••”:4-.,-. -. -------- k•- . . ..,‘;'Ut ,-,2:... • . . . _ . • 410 �i. • EXHIBIT 2 • RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION FOR THE APPROVAL OF THE VOLK STREAM MARGIN REVIEW • AND VESTING OF THE DEVELOPMENT RIGHTS Resolution No. 90- . , • WHEREAS, Russell Volk submitted for approval to the Commission an application for Stream Margin Review; and WHEREAS, the Planning staff ' recommended approval of the Stream Margin Review with conditions; and WHEREAS, the Commission reviewed and approved said Stream Margin Review on February 20, 1990; and • WHEREAS, Russell Volk, represented by Sonny Vann, has requested that the development rights for the Volk Stream Margin Review be vested pursuant to Section 6-207 C. of the Aspen Land Use Regulations; and WHEREAS, the Commission desires to vest development rights in the Volk Stream Margin Review pursuant to Section 6-207 C. of the Land Use Regulations for a period of three years from the effective date hereof subject to the terms and conditions . contained in the Volk Stream Margin approval and herein below. NOW, THEREFORE, BE IT RESOLVED by the Commission: That it does hereby approve by the Volk Stream Margin Review with conditions .as follows: 1. The applicant shall file with the Pitkin County Clerk appropriate documents regarding foundation design requirements • for future development on each parcel, the forms of which shall satisfy the City Attorney and City Engineer. Me documents shall be - in the . form of graphic representation as well as deed restriction. • 2 . Prior to development of the parcels, the developers) will be required to submit to the Engineering Department a description of proposed construction techniques to be used to insure against erosion and stream pollution. . • 3 . A landscaping plan indicating existing vegetation and proposed landscaping for 'each parcel shall be submitted for approval to the Parks Department prior to issuance of a building permit. 4 . The applicant shall dedicate .a fisherman' s easement from the • centerline to 5 feet (measured horizontally) above the highwater line of the Roaring Fork River. 5. A F.E.M.A. Elevation Certificate shall be required prior to • issuance of building permit. 6. The Spring Street Easement Reservation shall be filed with the Pitkin County Clerk prior to issuance of building permit. ALSO, BE IT RESOLVED by the Commission: That it does vest the development rights of the Volk Stream . Margin Review for three years from the effective date hereof pursuant to Section 6-207 C. of the. Aspen Land Use Code, subject to City Council ' s approval of Ordinance SS . APPROVED by the Commission at its regular meeting on April 17 , 1990. A T: Px• D Z. ' G % OMMISSION: arney, Depu y • ty Clerk ' - •n . 'her-. •17 Chairman • • _ jtkvj/volk.reso • • • • /• • EXHIBIT 3 • ORDINANCE NO. 36- (SERIES OF 1990) AN ORDINANCE OF THE CITY OF ASPEN VESTING THE DEVELOPMENT RIGHTS FOR THE VOLK STREAM MARGIN REVIEW WHEREAS, a request for Vested Rights for the Volk Stream Margin Review was submitted to the Planning Office by project representative Sunny Vann; and WHEREAS, pursuant to Section 6-207 of the Aspen Land Use Code, the City Council may grant Vesting of Development Rights for a period of three years; and WHEREAS, the Planning Office recommends that Council approve Vesting of Development Rights for the Volk Stream Margin Review; and -n. _ WHEREAS,. the Aspen City Council having considered the Planning Office ' s recommendations for Vesting Development Rights does wish to grant the requested Vesting of Development Rights for the Volk Stream Margin Review for three years from the date of approval . • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Vested Rights for the Volk Stream Margin Review for a period of three (3) years from the date of approval in accordance to the terms and provisions of Section 6- 207 of the Aspen Land Use Code. Section 2: . That the City Clerk be and hereby is directed, upon the • adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 3 : If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 4: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 5: A public hearing on the Ordinance shall be held on the //" day of , 1990 at 5 : 00 P.M. in the City Council Chambers, Aspen ity Hall , Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen 'on the /j day of G/,4"..„ , 1990. • William L. Stirling, Mayor AZ ST. j, Kathryn Koch, City Clerk , • ti • ■■ FINALLY, adopted, passed and approv-4 his // ' :day of , 19)0. • I I • ,1 • Mi haeI-Ga sm n, _Mayor-Pro Tem ATTEST: Kathryn S/ ' och, City C erk c7/ • 'N jtkvj/volk. ord 3 • • (-4 EXHIBIT 4 AGREEMENT OF DEDICATION AND RESTRICTION i THIS AGREEMENT, made and entered into this -w ---day of ac�J 1990, by Richard W. Volk, Trustee UTA dated March 10, 1984 ("Owner) , W I T N E S S E T H: WHEREAS, Owner is the record owner of Lots 8, 9 , 10, 11 and the North half of Lot 7, Block 1, Oklahoma Flats Addition, City and Townsite of Aspen, Pitkin County, Colorado (the "Subject Parcel") ; and WHEREAS, by Resolution 6' -90, the City of Aspen Planning and Zoning Commission granted approval to the Volk Stream Margin Review (which included the Subject Parcel) , subject to the condition that the Owner agree to certain development restrictions and dedicate a fisherman' s easement with respect to the Subject Parcel; ,and WHEREAS, Owner desires by this instrument to establish such restrictions and to accomplish such dedication; NOW, THEREFORE, for and in consideration of the City's . approval of the Volk Stream Margin Review and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Owner agrees as follows: 1. Dedication of Fisherman' s Easement. Owner hereby dedicates to the use of the general public, for fishing purposes only and not as a public trail, a perpetual, non-exclusive easement and right-of-way along that portion of the Subject Parcel lying between the centerline of the Roaring Fork River and a line which is 5 feet (measured horizontally) above the high water line of the Roaring Fork River. Owner reserves to itself the right to use and enjoy the easement area for all purposes which do not interfere with the public fishing rights dedicated hereby, and shall have no responsibility or liability in connection with the use of the easement by the fishing. public. 2 . Site Development Plan; Foundation Design. Attached to this Agreement as Exhibit A and made a part hereof by this reference is a Site Development Plan for the Subject Parcel, which Plan was approved as a part of the Volk Stream Margin Review. Owner hereby agrees that any future development of the Subject Parcel will be in complete conformity with the attached Site Development Plan, and in particular will comply with the Foundation Design requirements which are graphically depicted on page 2 of said Plan. Before obtaining a building permit for the Subject Parcel, the developer thereof shall submit to the City Engineering Department a foundation plan which meets said attached design requirements. (1 • 3 . Other Development Reviews. Also prior to obtaining a building permit for the Subject Parcel, the developer thereof shall do the following: (a) submit to the City Engineering Department for approval a description of proposed construction techniques to be used to insure against erosion and stream pollution; (b) submit to the City Parks Department for approval a landscaping plan indicating existing vegetation and proposed landscaping; and (c) obtain an F.E.M.A. Elevation Certificate. 4 . Area Reserved for Dedication. The 20 foot wide portion of the Subject Parcel adjacent to Spring Street, as depicted on the attached Plan, is reserved for dedication to the City of Aspen at such time as the City resolves to widen and improve said street. Within 10 days of receipt of a written request therefor from the City, the then record owner of the Subject Parcel shall convey to the City by quitclaim deed that part of the reserved area which is required by the City for street widening and improvement purposes. 5. Binding Clause. This Agreement shall run with and constitute a burden upon the title to the Subject Parcel, and shall be binding upon and inure to the benefit of Owner and the City of Aspen and their respective heirs, personal representatives, successors and assigns. In witness whereof, Owner has hereunto set his hand and seal as of the day and year first above written. - -ew OWNER: �1%� Richard W. Volk, Trustee UTA dated March 10, 1984 2 110 110 State of Li ) County of The foregoi Agreement was acknowledged before me this day of —7- 1990, by Richard W. Volk, Trustee UTA dated March 10, 1984 . ' ) ) 1 ) Witness my hand and official seal. My commission expires: „7 '17' ' r Notar Public 3 (3135) • i� IC[7 YK. FLmc7('� 1•+.1E. .. PER 1407 P.E. ■LIME ',( 4 7-12..Y..._...- - „ r'-v. .'*(\........... ...... 4 J.r.-... ,i 3/■ r • u1 ii I -...1) --....._..._-----) \ N.: �ctl_k- A 1 tc. ti ? t urn - r 1 g 'L; )'j twPc,r ` _3 _ LI\ LOT., b,a,Io, 114 F cY_ I , Z �., . 1 \ -lot-etA FLAT'-'; ` �. t --7f' - • ? ; r vLres :t/•., / J. D_ �,-, 3 L% �''', ? /7 CP7' L / e °to -)� N 74',o CO"W 14-5.GT' ) j 4Q / . . 1 ZL,Ro.W.F ..\ I. %- ' .. \ '. • \ . 1 ' . . \tk\ • \ .'.•••* ..* • ' \ z ak‘ \\ .,\\ • Parcel •. 1 p>uLLon-io ENV ' E - I 1 f. 1 U v . . -- \ 1, - JhuKV i 7 F(1L:7 'WA-C IF_E:M.-.4,.. FI_ooawt+"r ,... . . . . . 0 • Q . NS141 - - h a a w- 21 1 . m4. .4 4 1 li IL Q 1 4 Q 0 Q 3 == c� J � � y , - .3 W W Q J J So Q • W Q 3.a LL o T 1-1.1 \•: Q Q k Q S O L-� la f--. i Wg3 to, o�� °' o m o� -C;),14) . 4 4WD 4o Qti • • • EXHIBIT 5 VANN ASSOCIATES, INC. Planning Consultants December 28, 1989 HAND DELIVERED Ms. Leslie Lamont Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Volk Stream Margin Review Dear Leslie: Please consider this letter an application for stream margin review for two (2) parcels of land located adjacent to Spring Street in the Oklahoma Flats area of the City of Aspen (see Pre-Application Conference Summary attached hereto as Exhibit 1) . The application is submitted pursuant to Section 7-504 of the Aspen Land Use Regulations by Richard W. Volk and Denice C. Reich, the owners of the property. Permission for Vann Associates to represent the Applicants is attached as Exhibit 2 . Project Site As the accompanying surveys illustrate, Parcel 1 consists of Lots 8, 9, 10, 11 and the north half of Lot 7 , Block 1, of the Oklahoma Flats Addition to the original Aspen Townsite. Similarly, Parcel 2 consists of Lots 1, 2 and the south half of Lot 3 , Block 1, of the Oklahoma Flats Addition. Parcel 1 is owned by Richard Volk, Trustee UTA dated March 10, 1984 (see Exhibit 3 , Special Warranty Deed) . Parcel 2 is owned by Richard Volk and Denice Reich as tenants in common (see Exhibit 4 , Warranty Deed) . While the two parcels are not contiguous, the lots within each parcel are held in single ownership, and are deemed to have merged pursuant to Section 7-1004 .A. 5. of the Regula- tions. Parcel 1 contains 0. 52 acres, or approximately 22, 650 square feet of land area, while Parcel 2 contains 0. 29 acres, or approximately 12 , 630 square feet. As the surveys illus- trate, the western boundaries of the parcels are located within the Roaring Fork River and both parcels are located within the one hundred (100) year flood plain. 230 East Hopkins Avenue•Aspen. Colorado 81611 •303/925-6958 • • Ms. Leslie Lamont December 28, 1989 Page 2 The parcels are essentially flat and devoid of man-made improvements. Existing vegetation consists primarily of scattered small aspen trees and various larger cottonwoods, the majority of which are located adjacent to the River. The parcels are zoned R-30, Low-Density Residential, Mandatory Planned Unit Development. Both parcels are non-conforming with respect to the minimum lot size requirement of the R-30 zone district. As a result, each parcel 's development potential is limited to one (1) single-family residence. Single-family residences are exempt from mandatory PUD review pursuant to Section 7-902 of the Regulations. Proposed Development At present, there are no development plans for the property. The Applicants, however, wish to obtain stream margin review approval for a site specific building envelope on each parcel. Given the similarity of the parcels, and the nature of their ownership, we believe that it is appropriate to address both parcels in a single application. This approach is not only less costly, but less time consuming for everyone involved. The proposed building envelopes are depicted on each parcel 's respective site development plan. The envelopes have been designed in compliance with the City' s stream margin review criteria and the dimensional requirements of the R-30 zone district. The resulting building envelopes are located outside of the floodway and all setbacks meet or exceed applicable requirements. These setbacks, and other relevant development parameters, are summarized in Table 1 below. Table 1 DEVELOPMENT DATA 1. Existing Zoning R-30, Residential, PUD 2 . Existing Site Area (Sq. Ft. ) Parcel 1 22 , 650 Parcel 2 12 , 630 3 . Minimum Required Lot Area (Sq. Ft. ) 30, 000 Ms. Leslie Lamont December 28 , 1989 Page 3 4 . Minimum Required Building Setbacks (Ft. ) Front Yard 25 Side Yard 10 Rear Yard 15 5. Proposed Building Setbacks (Ft. ) Parcel 1 Front Yard 45 Side Yard 15 Rear Yard 35 Parcel 2 Front Yard 25 Side Yard 10 Rear Yard 30 6. Minimum Required Open Space None 7 . Proposed Open Space (Sq. Ft. ) Parcel 1 Building Envelope 8, 900 Land Under Water 500 Open Space 13 , 250 Parcel 2 Building Envelope 3 , 630 Land Under Water 2, 660 Open Space 6, 340 8. Maximum Allowable Floor Area (Sq. Ft. ) Parcel 1 4 , 930 Parcel 2 4 , 150 Note: All square footages are rounded to the nearest ten (10) square feet. It should be noted that a twenty (20) foot easement was obtained along the east side of Spring Street in connection with the recent approval of the Volk lot split application. The purpose of this easement was to permit the widening of Spring Street should future improvements be required. As Parcel 1 is located on the west side of Spring Street directly across from the site of the previous Volk applica- Ms. Leslie Lamont December 28, 1989 Page 4 tion, a similar easement has been depicted on the accompany- ing site development plan. The front yard setback has been measured from the easement boundary. Inasmuch as Spring Street may never be widened in the vicinity of the project site, the Applicants propose to reserve the easement as opposed to dedicating it at this time. This approach was also used in the Volk lot split application. As only two (2) properties are served by the southern most end of Spring Street, it is extremely unlikely that the street would be widened adjacent to Parcel 2 . Hence, no easement has been depicted on Parcel 2 's site development plan. parcels are located within the one hundred (100) year As both ar ( ) Y P floodplain, Schmueser Gordon Meyer, Inc. was retained to address potential flood impacts upon the development of the property. Field surveyed cross sections were plotted in order to supplement existing floodplain data. The original HEC-II analysis was then updated to reflect the new informa- tion. As a result of this work, a more accurate floodway boundary has been determined, the location of which is depicted on the accompanying site development plans. Schmueser Gordon Meyer' s analysis also determined that a residential foundation system could be constructed within the City' s adopted floodplain without increasing the base flood elevation on the property in question (see Exhibit 5, Floodplain Study) . In general, the analysis concluded that fifty (50) feet of blockage (i.e. , the total width of the structure 's foundation measured perpendicular to the flood water flow) could occur without increasing the River' s base flood elevation. This blockage could occur continuously (i.e. , a solid foundation) or discontinuously (i.e. , a system of structural piers) . It should be noted that a 100 year flood event may inundate one or both of the parcels. As a result, the residences will have to be properly designed to withstand the hydrostatic and hydrodynamic loadings imposed by potential flood waters. A condition of stream margin approval requiring that the future residences ' foundations be engineered to address these concerns is acceptable to the Applicants. Review Requirements Pursuant to Section 7-504 of the Land Use Regulations, all development within one hundred (100) feet of the high water line of the Roaring Fork River, or within the one hundred ,110 Ms. Leslie Lamont December 28, 1989 Page 5 (100) year flood plain, is subject to stream margin review. As all of the Applicant' s proposed improvements are located within 100 feet of the River, as well as within the flood plain, review and approval pursuant to the City's stream margin regulations is required. The specific review crite- ria, and the proposed building envelopes ' compliance there- with, are summarized as follows. 1. "It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not in- crease the base flood elevation on the parcel proposed for development." As discussed previously, Schmueser Gordon Meyer' s flood plain analysis has determined that the property can be developed without increasing the River' s base flood elevation provided that the total blockage that occurs from each building foundation does not exceed fifty (50) feet in width. Building foundations may be solid or consist of a system of structural piers. To insure compliance with this requirement, a graphical example of the required foundation design will be depicted on the respective site development plans. These plans, and appropriate deed restrictions, will be recorded with the Pitkin County Clerk. As a result, title commitments will note the deed restriction and alert prospective purchasers to the recorded site development plan and its foundation design parameters. 2 . "Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks/Recreation/Open Space/Trails plan map is dedicated for public use." According to the adopted trails plan map, no trail has been designated across the parcels. 3. "The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development to the greatest extent practicable." The Roaring Fork Greenway Plan contains no site specific recommendations with respect to either parcel. The proposed building envelopes, however, will have no significant effect on the site' s existing river front vegetation nor will the natural appearance of the River be impacted in any foresee- able manner. r1 IIP Ms. Leslie Lamont December 28, 1989 Page 6 While some vegetation will obviously have to be removed from within the proposed building envelopes, loss of vegetation will be mitigated by additional landscaping to be installed in connection with the construction of the individual residences. It should also, be noted that a permit is required for the removal of any tree with a trunk diameter in excess of six (6) inches. As discussed previously, the majority of the vegetation within the proposed building envelopes consists primarily of small aspen trees. 4. "No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank." No vegetation will be removed nor any slope regraded such that the River would be adversely affected. 5. "To the greatest extent practicable, the proposed devel- opment reduces pollution and interference with the natural changes of the river, stream or other tributary.” The proposed building envelopes will have no adverse effect upon the natural changes normally experienced by the Roaring Fork River. All disturbed areas will be revegetated to ro preclude erosion and appropriate safeguards gu will be utilized to prevent pollution of the River during construction. As discussed previously, Schmueser Gordon Meyer' s recommenda- tions with regard to foundation design will be adhered to in the construction of the residences. 6. "Written notice is given to the Colorado Water Conserva- tion 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." No alteration or relocation of the existing water course will be required. 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." This review criteria is not applicable. 8. "Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain." ' • Ms. Leslie Lamont December 28, 1989 Page 7 No federal or state permits are required to construct within the proposed building envelopes. Summary Based on the above, the Applicants believe that the proposed building envelopes are in compliance with the intent and requirements of Section 7-504 of the Land Use Regulations and, consequently, will have no adverse effect upon the Roaring Fork River. The Applicants, therefore, respectfully request stream margin approval for the proposed envelopes as depicted on the accompanying site development plans. Should you have any questions, or if I can be of any assis- tance, please do not hesitate to call. Very truly, yours, • VANN •.-SOCIATES, INC. Sunny Van • ICP SV:cwv Attachments .. r 410 i ' 0tachment 1: i '. \ I ter: KEpsyC 4 c/w, '�� -- �1 L-.7 V.01,31 t I s �.� ` / i I � ■' 1850¢ —ter/ •% _ 1 k c S 7... LfCf�YdC O Cif lAgr...EL .11,.., . 4.71,0, - . •Ni i alas- let , • e n� �t�'/1 1 , 11 ‘ l c G-- v j •y' a t p c,:1Ci-1�vc.t car / ._ l L s. .r27rn • c co . .:4 4, 4 <-ex--c ..\ \.- ~fir I wry. ?Off/ I • \\ I • A.0011•411,-U• j 7fW`1 o ^Y?/ `I D , L ... ;. % NY-ye_ .x1,-.50. ,c. --.14:-J , , 0 Al :::, = v4.. Nv.-,.;.0) I r z A ....„. - -.: ill i,..:.. 11$4 ,- 1 7 : ,\.. . ik ......_... y • AT w�/' O'— " K�PSV� p1 N h1 /i Yf L.'Y. 1 1 8 \ rN - En °/ K Z n. a x v� ,� k'7zr 020 it �-\3 — e, 8' �/C r L - ✓I qET KEP!^iC CAP ptl[(/t'� �'-. N . .,..� •,. _r r L.S. zDi-si .\ R .; : -410 EXHIBIT 7 VANN ASSOCIATES Planning Consultants December 24, 1992 HAND DELIVERED • Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Parcel 2, Volk Stream Margin Review Application • Dear Kim: Richard Volk has asked that I write to you regarding the status of a parcel of land which he owns with his sister, Denice Reich. The parcel, which is referred to as Parcel 2, received stream margin review approval from the Aspen Planning and Zoning Commission on February 20, 1990. P&Z Resolu- tion No. 90-5, which was adopted on April 17, 1990, memorialized the conditions of approval. Vested rights status was granted by the City Council via Ordinance No. 35, Series of 1990, on June 11. An Agreement of Dedication and Restriction was executed by Richard and Denice on August 3, 1990, as required pursuant to condition #1 of P&Z Resolution No. 90-5. A copy of each of these documents is attached hereto. It is my understanding that the owner of Parcel 2 need only comply with the provisions of the Agreement of Dedication, the remaining conditions of approval contained in Resolution No. 90-5, and the requirements of City Council Ordinance 1, Series of 1990 in order to obtain a building permit for a single family residence. The specific require- ments which must be met prior to the issuance of a building permit are as follows. 1) The owner must submit a foundation plan to the City Engineering De- partment which demonstrates compliance with the foundation design requirements contained in the Agreement of Dedication and Restriction. 2) The owner must also submit to the Engineering Department a description of the construction techniques to be used to insure against erosion and stream pollution. 3) The owner must submit a landscaping plan for the proposed residence to the City Parks Department. 4) The owner must obtain a F.E.M.A. elevation certificate for the proposed residence. 230 East Hopkins Avenue•Aspen, Colorado 81611 •303/925-6958•Fax 303/920-9310 (-4) to Ms.Kim Johnson December 24, 1992 Page 2 5) Pursuant to Section 8-104(A)(1)(c)(1) of the Land Use Regulations, the owner must either provide an on-site accessory dwelling unit,pay the applicable affordable housing impact fee, or deed restrict the single-family residence to so-called "resident occupancy". Conditional use review and approval will be required in the event the owner elects to provide an accessory dwelling unit. With respect to vested rights status, it is also my understanding that the approval is immune from changes in relevant provisions of the Aspen Land Use Regulations for three (3) years from the date of approval of City Council Ordinance No. 90-15. However, should the approval's vested rights status expire prior to the issuance of a building permit, the development of the property will be subject to such additional regulatory requirements as may have been adopted since the original approval. While I believe the above to be an accurate summary of the approval status of Parcel 2, I would appreciate it if you would provide me with your written confirmation so that I may forward the same to Mr. Volk. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, VANN ASS :CIATES / 4 Sunny Vann, i.CP SV:cwv Attachments cc: Richard Volk Arthur C. Daily, Esq. c:`,bus\city.ltrUtr10289.kj3 EXHIBIT 8 Aspen/Pit' ', ; ;- r ;J, :ing Office i fie! 130 `,as:��. � d :;treet Asp �t r =�;� y, = ,q; u 611 (303) 921-'-' �` . ts"".?3 == 920-5197 Sunny Vann 230 E. Hopkins Aspen, Co. 81611 February 4 , 1993 RE: Parcel 2 , Volk Stream Margin Review Dear Sunny, I reviewed your December 24 , 1992 letter outlining the history of the Volk approval and have the following comments. I understand that the "Agreement of Dedication and Restriction" was recorded with the County Clerk. A copy of the recorded agreement including book/page and date references must accompany any building permit application. Page two of your letter states that the three year vested rights period began on the approval date of City Council Ordinance 90-15 (sic) . Vested rights are actually effective from the date of the development plan approval, in this case the P&Z ' s stream margin approval on February 20, 1990 . Your reference to compliance with affordable housing mitigation pursuant to Ordinance 1 is correct. If you have any questions about my comments, please give me a call. Sincerely, Kim Johnson Planner recycled paper •