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
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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
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- 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
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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
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