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HomeMy WebLinkAboutpitkin.eh.272917400001 (1994)_RESOJ � 2- 1 Ott - ©o - 001 3 i 26� .3 B-7156 56 P-986 07/229/94 01:15P FG 1 OF 6 RE SILVIA DAVI^� 4'COUNTYDOC F' I ,T1. I N CLERf-:: & RECORDER i ) , ii RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR 1041 REVIEW FOR THE MARTIN PARCEL LOCATED IN REDSTONE Resolution No. 94--n9 RECITALS 1. The Board of County Commissioners of Pitkin County (hereinafter "Board") has reviewed a request by Peter Martin (hereinafter "applicant") for 1041 Hazard Review for his metes and bounds property located in redstone and described in the attached "Exhibit All. 2. The Martin Parcel contains approximately 2.3 acres and is accessed via a private driveway easement through the adjacent property owned by David and Jean Pero (Lots 1,2 and 3, Block 6 of the Kistler Subdivision). 3. The levee located adjacent to the east side of the Crystal River in the area of the Kistler Subdivision does not meet FEMA standards and will need to be improved in the future. These improvements may result in the creation of a flood control improvement district to help offset the cost of this work. Nothing in this resolution of approval shall be construed to either prevent or require these applicants to join this district if and when it is formed. 4. The Pitkin County Planning and Zoning Commissioners reviewed the applicants request at a regularly scheduled meeting on November 2, 1993 and found it to be generally consistent with the Pitkin County Land Use Code and recommended approval of the requested 1041 Environmental Hazard Review to the Board with conditions. 3 i 2 6()3 B- 756 P-98 i (-? i / X9 / 94 o 1 : 15P PG OF 6 Resolution No. 94-E Page 2 S. The Board of County Commissioners of Pitkin County, reviewed the Applicant's request, as part of the Leonard application, at a regularly scheduled public meeting on December 21, 1993 at which time testimony and evidence was offered by the applicant and the public. At the December 21st meeting the Board elected to table final action on the Martin Parcel due to uncertainty regarding the existence of wetlands on the subject property. The Applicant has since had the property inspected by a representative of the U.S. Army Corps of Engineers, who found a small area of wetlands (.013 acres) which can be avoided in the development of this property. 7. The Board of County Commissioners reconsidered this case at a public hearing on July 26, 1994 at which time evidence and testimony was heard from the Applicant and members of the public. 8. The Board of County Commissioners found the Applicant's request to be consistent with the criteria in the Land Use Code if the Applicant adheres to the conditions listed below. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it does hereby grant 1041 Hazard Review approval for the Martin Parcel located in Redstone, subject to the following conditions: 1. Prior to building permit application, the Applicant shall record an amended 1041 Hazard Review site plan for the Leonard, Pero, Wagner and Martin Parcels. This plat shall be a 24" by 36" mylar drawing and shall be approved by the Planning Office and County Attorney and shall include the following additional items: a. All of the conditions identified in resolution 93- 215 and any new conditions listed in this of =} 7 6C.) 3 B-756 G—gee C)7 r -29!'7' 4 C) 1: 15P PG 3 OF 6 Resolution No. 94 - Page 3 resolution of approval shall be included on the Site Plan. b. In order to preserve in its natural state the riparian area associated with the Crystal River, a 20 foot setback from the mean high water mark of the Crystal River shall be delineated on the site plan. Within this area native vegetation shall be maintained and thinning and pruning of this vegetation shall be prohibited. The placement of fill shall also be prohibited within the 20 foot setback area. C. The building envelope and access drive on the Martin Parcel shall be modified to exclude all wetland areas as identified by the U.S. Army Corps of Engineers. The building envelope modification shall be approved by the Planning Office and the County Engineer prior to recordation. 2. Plans for building foundations shall be certified by a Colorado registered Professional Engineer. Said plans shall be submitted at building permit application. 3. An access permit shall be obtained prior to issuance of a building permit, if necessary. 4. Utilities shall be extended underground. 5. The first floor elevations for the structures on this parcel shall be at least one foot higher than the regulatory flood elevations identified for this property in the June 19, 1992 letter from Jefferey Simonson of Schmueser, Gordon, Meyer. Also, the maximum combined footprint of all structures on this parcel shall be that identified in the June 19, 1992 SGM letter. 6. A Floodplain Development Permit and an Elevation Certificate shall .be obtained from the County Floodplain Administrator prior issuance of a building permit. 7. No septic systems shall be allowed on this parcel. 8. No basements shall be constructed on this parcel. If crawl spaces are constructed, no mechanical equipment or electrical/ gas appliances (such as hot water heaters or furnaces) shall be placed within the crawl space. 9. The Applicant, their heirs or assigns shall be required to show proof of flood insurance prior to issuance of a certificate of occupancy. -^b�' L 5b ��- i F' -`'e ij r i �9 /94 i i 1 : 15P Pr 4 Jr b r Resolution No. 94 - Page 4 10. The owner of the Martin Parcel shall grant the County an easement for access and flood control work along the existing levee. This easement shall be 30 feet wide and be located 15 feet either side of the centerline of the existing levy. The County also requests that the applicants grant permission for the County to construct a multi -use trail within this easement. The County also requests that the owner of the Martin Parcel grant the County a fisherman's easement. Said easement shall encompass the area from the centerline of the River to a point 5 feet above the mean high water mark on the bank. These easements shall be delineated on the 1041 Plat. 11. Development of this parcel shall be subject to compliance with the County height and bulk regulations in place at the time of building permit application. 12. Development of this parcel shall require review and approval by the Redstone Historic Committee prior to application for a building permit. 13. All material representations made in the application and in public meetings shall be adhered to. APPROVED by the Board of County Commissioners at its regular meeting on July 26, 1994. BOARD OF COUNTY COMMISSIONERS, PITRIN COUNTY, COLORADO BYZG� Robert A. Child, Chairman Date Z7 �� ATTEST: n ne e. Jones, Deputy Clerk and Reco er ? 6i,5 B— i 56 F' -99i) C) r / 9/94 01: 15F' PG OF b ; Resolution No. 94 - Page 5 IA APPROVED AS TO CONTENT: APPROVED AS TO FORM: Suz##ne RoChan, County Plating Director reso martin 1041 Tim Whitsitt, County Attor EXHIBIT "A" Legal Description Martin Parcel: A tract of Land situated in the SE 1/4 SE 1/4 of Section 17, Township 10 South, Range 88 West of the 6th Principal Meridian, Pitkin County, Colorado, lying Westerly of the Westerly boundary line of Elm Drive, Block 5, Fir Drive, and Block 6, all in the Kistler Subdivision of Redstone, and lying Easterly of the centerline of the Crystal River, said tract of Land being more particularly described as follows: Beginning at the Nor-hwest Corner of Block 4 in said Kistler Subdivision; thence Ncrth 66000' West 160.85 feet to a point in the center of said Crystal River; thence along the cer.-er of said Crystal River on the following courses: North 27059147" East 85.26 feet; thence North 2103212:" East 229.71 feet; thence North 12024102" West 78.11 feet; thence North 1305215711 East 146.83 feet; thence Nerth 18024106" East 28.17 feet; thence leaving said Crystal River centerline on a course bearing South 66000' East 239.66 feet to the Northwest Corner of Block 6 in said Kistler Subdivisicn; thence South 24000' West 550.00 feet along the Westerly boundary line of Block 6, Fir Drive, Block 5 and Elm Drive in said Kistler Subdivision to the pci:�t of beginning, the Northwest Corner of said Block 4. 7;�b B -i 5b F'-9'= 1 7 r %�9i 94 �� 1. 15P F G b ��!' 6