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HomeMy WebLinkAboutLand Use Case.1102 E Cooper Ave.0069.2016.ASLUJune 28, 2016 Mrs. Claude Salter Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Stream Margin Review for 1102 and 1106 East Cooper Avenue (Parcel ID No. 2737-181-00-030) Dear Claude: Please consider this letter and the attached drawings to represent a formal request for a Stream Margin Review approval in order to redevelop the duplex on the property located at 1102 and 1106 East Cooper Avenue (Riverside Addition, Block 6, Lots 8 and 9). The property is located in the R-6 zone district, at the northeast corner of East Cooper Avenue and Riverside Avenue. The Roaring Fork River is located east of the subject property and on the opposite (west) side of Riverside Avenue. Since the westerly side of the subject lot is located within 100-feet (measured horizontally) of the high water line of the Roaring Fork River, albeit on the opposite side of a public street, the redevelopment is subject to Stream Margin Review (“SMR”). “Development” is defined in the Definitions Section (26.104.100) of the Land Use Code as follows: The use or alteration of land or land uses and improvements inclusive of, but not limited to: 1) the creation, division, alteration or elimination of lots; or 2) mining, drilling (excepting to obtain soil samples or to conduct tests) or the construction, erection, alteration, or demolition of buildings or structures; or 3) the grading, excavation, clearing of land, or the deposit or fill in preparation or anticipation of future development, but excluding landscaping. Section 26.435.040(A) of the Code provides that all “development” within one hundred (100) feet, measured horizontally, from the high water line of the Roaring Fork River is subject to Stream Margin Review (“SMR”). This heightened review is needed to reduce and prevent property loss by flood while ensuring the natural and unimpeded flow of watercourses. The purpose of SMR is to ensure that development does not infringe upon the 100-year floodplain or cause pollution or stream channel changes in the River, or remove riparian vegetation or de-stabilize the stream bank. A critical element of SMR is identifying the “top of slope” (“TOS”) of the River; development must be located at least HAAS LAND PLANNING, LLC • 420 E. MAIN STREET, SUITE 10-B • ASPEN, COLORADO • 81611 • • PHONE: (970) 925-7819 • MITCH@HLPASPEN.COM • 1102 & 1106 E Cooper Avenue SMR Page 2 fifteen (15) feet back from the TOS and must not exceed a height established by a line drawn at a 45 degree angle from the ground at the TOS. The City maintains a map of the Roaring Fork River’s TOS. Said map shows the TOS encompassing all of the properties along Riverside Avenue and extending over towards Park Avenue. This has proven to be a clearly inaccurate assessment of the TOS in the subject area. To resolve this matter, a field visit was conducted with Hailey Guglielmo of the City of Aspen Engineering Department. In an email from Hailey Guglielmo to Alan Richman, dated December 26, 2014, it was confirmed that the final determination for the river adjacent to 1102 and 1106 East Cooper Avenue is to delineate the TOS along the westerly edge of the pavement on Riverside Avenue, as was discussed on-site. Further, per the same email, the Engineering Department was to record this TOS determination within the Engineering Department. Consequently, while the proposed redevelopment will involve lands that are within 100 feet of the high water line, no lands within fifteen (15) or even thirty (30) feet of the TOS will be affected (see SMR Site Plan, Sheet SMR-1). Similarly, the proposed redevelopment will not at all intersect or otherwise impact the 45-degree bulk plane line drawn from the TOS (see Stream Margin Review Section, Sheet SMR-2). The SMR standards of Section 26.435.040(C) are presented below in italicized print and each is followed by a response demonstrating compliance and/or consistency therewith, as applicable. No development shall be permitted within the stream margin of the Roaring Fork River unless the Community Development Director (“CDD”) makes a determination that the proposed development complies with all of the requirements 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 of the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off-site which compensate for any base flood elevation increase caused by the development; and This review standard is not applicable as the proposed development is not within the Special Flood Hazard Area and there will be no affect on base flood elevations. 2) The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. Areas of historic public use or access shall be dedicated via a recorded easement for public use. A fisherman’s easement granting public fishing access within the high water boundaries of the river course shall be granted via a recorded “Fisherman’s Easement;” and 1102 & 1106 E Cooper Avenue SMR Page 3 This review standard is not applicable as the proposed development is on a parcel that does not touch the Roaring Fork River or its high water line. None of the cited or adopted regulatory plans affect this subject parcel, or vice versa. This parcel cannot provide any such easements, as the areas of interest are not located within its boundaries. 3) 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 recorded on a plat pursuant to Subsection 26.435.040.F.1; and No riparian vegetation will be removed or damaged and no slope grade changes associated with the River will result from the proposed development. Again, the river and its TOS line are located across a public street from the subject property. There is no designated building envelope and one need not be defined in relation to the River or SMR. It is requested that the proposal be deemed exempt from any requirement to designate a building envelope, much less record such on a plat. The property is already within a subdivision and there is no need for any kind of new Plat. Further, any such designation of a building envelope would encompass the entire property, as it is entirely located more than 15 feet from the TOS. 4) The proposed development does not pollute or interfere with the natural changes of the river, stream or other tributary, including erosion and/or sedimentation during construction. Increased on-site drainage shall be accommodated within the parcel to prevent entry into the river or onto its banks. Pools or hot tubs cannot be drained outside of the designated building envelope; and Again, the river and its TOS line are located across a public street from the subject property. Standard construction management requirements of the City of Aspen will ensure that this standard is fully satisfied. All City drainage and storm water management requirements will be satisfied and no hot tubs or pools will be drained off-site. 5) Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course and a copy of said notice is submitted to the Federal Emergency Management Agency; and This standard, too, is not applicable, as the proposal does not involve any alterations or relocation of a watercourse. 6) A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished; and 1102 & 1106 E Cooper Avenue SMR Page 4 As with most of the previous standards, this requirement is inapplicable. There is no watercourse on the subject property and, therefore, the applicant cannot possibly/legally alter or relocate a watercourse. 7) Copies are provided of all necessary federal and state permits relating to work within the 100-year flood plain; and As with most of the previous standards, this requirement is inapplicable. No work is proposed within the 100-year flood plain and, accordingly, no such federal or state permits are necessary. 8) There is no development other than approved native vegetation planting taking place below the top of slope or within fifteen (15) feet of the top of slope or the high waterline, whichever is most restrictive…; and The TOS line, as described above as having been approved by the City Engineering Department, is more restrictive in the current case than is the high waterline (see Improvement Survey Plat and the SMR Site Plan). All lands below the TOS line, as applicable to the proposed development, reside across a public street and on someone else’s property. As such, no development, be it plantings or anything else, is proposed below the TOS line. There will be no impact on riparian vegetation or bank stability, thus obviating the need for an associated landscape plan. 9) All development outside the fifteen (15) foot setback from the top of slope does not exceed a height delineated by a line drawn at a forty-five (45) degree angle from ground level at the top of slope. Height shall be measured and determined by the Community Development Director using the definition for height set forth at Section 26.04.100 and method of calculating height set forth at Section 26.575.020 as shown in Figure “A”; and Plan Sheet SMR-2 provided herewith demonstrates that the proposed development does not reach, much less exceed, a height delineated in accordance with the requirements of this review standard. In actuality, the height limitation established by this review standard exceeds that of the underlying R-6 zone district and the proposed development complies with the zoned height limitation. 10) All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications; and Once again, the river and the associated TOS line are located across a public street and on someone else’s property. All exterior lighting will comply with Code Section 26.575.150, as applicable, and such will be demonstrated in the building permit application materials. 1102 & 1106 E Cooper Avenue SMR Page 5 It is not legal to propose lighting down the slope as that property belongs to someone else. Further, exterior lighting is prohibited from causing glare or interference with adjacent public roads and those limitations are more restrictive than the stream margin given the location of the river and its TOS relative to the subject development site. 11) There has been an accurate identification of wetlands and riparian zones. There are no wetlands on or immediately adjacent to the subject property. Similarly the subject property is separated from any riparian zones associated with the river by Riverside Avenue, a public street. As such, no delineations are necessary as such ecosystems will clearly be unaffected. In conclusion, the proposed redevelopment of 1102 and 1106 East Cooper Avenue will not increase the potential for property loss by flood, and it will have no affect on the natural and unimpeded flow of the Roaring Fork River. The proposed development really should be exempt from SMR altogether but the Code language does not provide as much. Consequently, and since the proposed development as described herein and as shown on the accompanying plans set, meets all of the applicable standards for Stream Margin Review, the owner respectfully requests that this application be timely approved. It is hoped that the provided information and responses prove helpful in the review of this application. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC Mitch Haas Owner/Manager (IIN) 1 inch - 10 ft EM = Electric Transformer TM = Telecommunications = Aspen ® = Phone Pedestal KM ® Manhole Gas Meter ° Spruce = Utility Pole ER = Electric Meter = Pine = Cable Pedestal 40 = well Q = Cottonwood W pQ = Water Valve Water Shutoff W = Water Line SS = Sanitary Sewer Line = Gas Line T = Telecommunications Line ®OH = Overhead Head Wire E = Electric Line Notice" According to Colorado law, you must commence any legal action based upon any defect in this survey within three years after you ,)°first disoover such defect. In no event may any legal action based upon any a'efeet m M& survey be commenced more than ten years •from the date of the cer4jTca4 on shown hereon. I City of Aspen GPS #5 Elev.= 7915.94' Neighbor's wooden deck TITTT.ZX S7&RVffr1Xo9 4S'�.�'.RV16..X S'' 727 81oke A venue Glenwood Springs, Colorpdo 81601 (970) 928--9708 (FAX 947--9007) jlmasl- 00M • n o8 Highwa y No, 82� - Indicates OX -20X slopes (no hatching)- 6472' s f., area=• 93X - Indicates 2OX-30X slope (no hatching)- 181' s. f., area= 2X - liadlcates 3OX and greater slopes (dashed)- 367' s. f., areo- 5X 0.4' wide Railroad Tie Planter ( Refer to item 11) (DNLHOMM ®Etx lox COR •''E'LEECC 80 COR 60X COR 1 a. a d G' 1'4 < E Drly F. 'v a a 4 0 a 4,4 1 _ 2'9' i -ffis OrzeFopograprrI seu dy SX11'-sot, Section Townsh' /0 South, Range c96" et City est 0 he /ol.4spen, Countyr State o'. M O/H POWER Mrjo:o r TUTTLE SURVEYING SERt/ICES TP NAIL . E LAND REFERRED TO IN 7HIS LAND TITLE GUARANTEE COMPANY COMMITMENT DATED DECEMBER 19, 2015 /S LOCA 7ED IN 4HE COUNTY OF PI TKIN, STA 7E OF COLORADO, AND lS MORE PAR77CULARL Y DESCRIBED AS FOLLOWS. LOTS 8 AND 9, BLOCK 6, R1WRS/DE ADDI77ON TD ;M* CITY OF ASPEN, COUNTY OF Pi TKIN, STA 7F OF COLORADO THIS PROPERTY IS SUBJE'Cr rO THE FOLLOWNG EXCEP77ONS PER SAID 777LE COMMIWENT NO, 062006J87-2 8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOUL-i THESAME BEFOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,AND A RIGHT O. FOR DITCHES OR CANALS CONSTRUCTED AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 17, 1949 IN BOOK 175 AT PAGE 246. TOSHOW) 9. EXISTING LEASES AND TENANCIES (NOTHING TO SHOW) • EASEMENTS, CONDITIONS, COVENANTS,_ • RESERVATIONS AN•. NOTES • . THE PLAT OF HEREON)RIVERSIDE PLACER INCLUDING RIVERSIDE ADDITION RECORDED FEBRUARY 07, 1951 IN BOOK 2 AT PAGE 39, (AS SHOWN 11. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON • r JANUARY 21, 2015 PREPARED BY ASPEN SURVEY ENGINEERS, INC., JOB NO. 321421): ENCROACHMENT OF PLANTER AND STEPS. (AS SHOWN HEREON) Legend and Notes: - a Indicates found Alum/num Dlek LS No. 25479 - 0 Indloates found ,SKS Rebar w/th a Red P/astic Cap LS No. 25479 Bealings are based upon a found #0 Rebar with a Red Plastic Cap LS. No. 25479 on the Northwest comer and a found A45 Rebar with a Red Plastlo Cap LS. 25479o/ong the Easterly Corner said Lot 8, us/ng a bear/ng of N 7516'00" W between sold monuments - 7hls property Is subjoct to warrents, rights of way and/ or requ/roments as noted or shown In the records of the Pltkln County Clerk dt Recorder - Elevations are based upon City of Aspen Benchmark (18-N) (NAW 88). E/ewflon- 8'013.41' . Base flood elovatlon In* was taken f%om FEMA Map Panel 203 of 325, No. 0809700203 C Ef ective Date June 04 1987 Unit of measurement.- US SURVEY FOOT - Due to snow cover at the time of thls survey, some Improvements may not .. be shown. Underground utll/ty /Ines located per marks on ground at tlme of survey per c/lent 7h/s survey does not represent a title search by thls surveyor to determine ownersh/p or to discover easements or other encumbrances of record. a// Informatlon pertalning to owoomh/p, easements or other encumbrances of record has been taken fyom a Land Title Cuarantee Company commitment dated December 19, 2014 as order no. 062006307-2 City of Aspen Surveyor"$ CertlNcate. .pvr In the State of • • rrs ri hereby certIfy that thIs map of underh1storloat condItIons was prepared by me and under my suoen4lon from a survey made by me and superWslonboth the survey and map are true and accurate to the best of knowledge and tc MA Y 2J, 5016 ///),9 IA -96 Cooper 4venue ..M 4s,w-len, Colorado S1611 Drown by' DMC Date.- 04/79/16 Z: \2016\RiversideAdd \Lots 8-9-1102,1106 cooperhist topo. dwg RECEID JUN 30 2 CITYOFAS EN, Cc W-#6�Ya2a€ �T Wig Kt:CE1VtU' JUN 3 0 2016 CITY OF ,ASPEN DDS 73MEN",