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HomeMy WebLinkAboutpitkin.eh.272920101023 (1998)_RESO2--%n7 % 6Z3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, RESCINDING RESOLUTION NO.98-,Vt AND GRANTING 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION APPROVAL TO JIM AND RAMONA MARKALUNAS Resolution No. 98 aw RECITALS Jim and Ramona Markalunas (hereafter "Applicant") have applied to the Pitkin County Board of County Commissioners (hereafter "Board") for 1041 Hazard Review and Conceptual Submission approval. 2. The property is located on Redstone Boulevard, and is known as Lots 98. 99., 99A of the Redstone Townsite. 3. The property is entirely within the floodplain of the Crystal River. 4. This application was reviewed by the Planning and Zoning Commission (hereafter "Commission") at a regular meeting on September 1, 1998, and a recommendation of denial was forwarded to the Board. The Board heard this application at its regularly scheduled meeting of October 28, 1998, at which time evidence and testimony were presented with respect to this application. 6. The Board found that development of the subject property is prohibited, pursuant to Section 3-80- 040 of the Land Use Code, which prohibits development in areas identified as within 100 year floodplain areas. The Board voted to deny the application as evidenced by Resolution No. 9841L. 7. Pursuant to Section 4-150 of the Land Use Code, the applicant requested a hearing to determine whether the Board's denial of the application constitutes a taking of private property without just compensation. 8. The Board conducted its takings determination on October 28, 1998, at which time further evidence and testimony were presented concerning the taking. 111111111111 HIM 111111111111111111111111111111111 IN 424871 11/25/1998 03:12P RESOLUTI DAVIS SILVI 1 of 5 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 97 --.—?-/,Z1 Page The Board finds that the previous denial does constitute a taking of all reasonable use and economic return from the subject property, since there are no suitable developable areas on the subject property outside of floodplain hazard areas. 10. The Board finds that the property is not appropriate for any use other than allowed development. and the Board does not wish to purchase the property. 11. The Board finds that this application proposes development in the best possible location, given the hazards identified on the property. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby rescind Resolution No. 98 BE IT FURTHER RESOLVED by the Board that it does hereby grant approval to the Markalunas 1041 Hazard Review and Conceptual Submission, subject to the following conditions: 1. The applicant shall adhere to all material representations made in the application and in public meetings. 2. Prior to building permit application, the applicant shall record a 24"x36" mylar 1041 Hazard Review Site Plan which meets the approval of the Community Development Department and the County Attorney. The site plan shall include the following 1041 Hazard Review Warning and Disclaimer; " 1041 environmental hazard areas exist that might affect the property, any improvements thereon, and the use and occupancy thereof." The site plan shall also be submitted in a digital format for integration into the County GIS system. 3. An access permit shall be required from the County Engineer prior to building permit. 4. Building foundations shall be reviewed and certified by a Colorado registered professional engineer. Foundation plans shall be submitted at the time of building permit application. 5. The applicant shall submit a drainage and erosion control plan which meets the approval of the County Engineer, prior to the submittal for a building permit. In addition to addressing permanent drainage and erosion control measures, the plan shall include temporary erosion control measures for construction. All drainage from roofs and paved areas shall be retained on site. 1111111111111111111111111111111111111111111111111111111 424871 11/25/1998 03:11P RESOLUTI DAVIS SILVI 2 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 97-'�/A Page 3 •./ 6. Prior to issuance of a building permit, the applicant shall provide the Environmental Health Department a letter of intent to service the project with water from the Redstone Water & Sanitation District. 7. Prior to issuance of a building permit, the applicant shall provide the Environmental Health Department documentation that the applicant and the Redstone Water & Sanitation District are mutually bound to the proposal and that the service agency is capable of serving the development. 8. The applicant shall obtain a fireplace/wood stove permit with the Environmental Health Department prior to the issuance of a building permit. 9. The applicant shall comply with the following wildfire mitigation measures: a. The area around the structures shall incorporate landscaping with wildfire defensible space considerations (on the east side of the property only) as follows: 1) In a 10 foot perimeter around structures vegetation shall be maintained at 6 inches or less except for ornamental shrubs. 2) All branches from trees and brush,within the 10 foot defensible space perimeter shall be pruned to a height of 10 feet above, the ground and removal of ladder fuels from around trees and brush. 3) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 4) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. b. Structural Design and Construction Requirements: 1) Roof construction shall be metal or class a, noncombustible material with no large areas of flat roofs. 2) Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. c. The following maintenance measures shall be adhered to: 1) Roofs and gutters shall be kept clear of debris. 2) Yards shall be kept clear of all litter, slash, and flammable debris. 3) All flammable materials or firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structures 4) Weeds and grasses within the 10 foot perimeter shall be maintained to a height of not more than 6 inches. 10. The project shall meet all the codes and requirements of the Carbondale & Rural Fire Protection District. The applicant is required to pay any impact fees required by the Fire District prior to recording of the site plan 111111111111111111111111111111111111111111111111111111 24871 11/25/1998 03:11P RESOLUTI DAVIS SILVI 3 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO fi Resolution No. 97-�A+► Page 4 *040# 11. All new utility service lines extensions shall be buried within existing roads and driveways. 12. In the case of development on any slopes greater than 15%, design and development shall be based on a detailed site analysis, including geologic and engineering studies to identify the best development area based on the following considerations: a. Adequate mechanical support shall be provided for cut slopes. b. Adding water which may decrease slope stability shall be avoided. c. Adding weight to the top of the slope shall be avoided. d. disturbed slopes must be contoured so they can be revegetated. e. Steepening of existing slopes shall be avoided. f. Confine cuts, fills, grading, and excavation to the minimum area needed for construction. . 13. The lowest floor of any structures must be elevated to one foot above the base flood level or be designed so the portion of a structure located below the base flood level is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 14. Structural foundations shall be designed by a qualified professional engineer who shall certify that the flood proofing methods identified in condition 4 13 are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood. 15. 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. 16. The applicant, heirs or assigns, shall be required to show proof of flood insurance prior to issuance of certificate of occupancy. 17. Development of these parcels shall be subject to review by the Redstone Historic Preservation Commission. 18. Development of these parcels shall be subject to compliance with the height and bulk regulations in place at the time of building permit application. APPROVED AND ADOPTED ON THE 28Th DAY OF OCTOBER, 1998. Vp,�D (Z14N-'[� N o"�"1 c.0 Put3.0/SIi�eD BOARD OF COUNTY COAUMSSIONERS /IJ 7HE ^&41 -rlMCS OA/A;" OF PITKIN COUNTY, COLORADO By Dorothea Farris, Chair Date jz-/ y' F P/ 1111111111II 11111111 I 111111111111111111111111111111 IN 871 1 R10?001D903:11P 0.00N10.005PITKIN COUNTYICOI Resolution No. 97- A/ A *NW Page 5 ATTEST: Z. ,Cy s A . ze.*n> Deputy County Clerk APPROVED AS TO FORM: John Ely, County A case no. P99-98 parcel no. 2729-201-01-023 lancec/cases/mrkresap.doc 10M. as APPROVED AS TO CONTENT: P Cindy Houben, Community Development Director 111111111111111111111111111111111111111111111111111 IN 424871 11/25/1998 03:11P RESOLUTI DAVIS SILVI 5 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO MOW M- Z'170�- 02-3 RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF PITKIN COUNTY, COLORADO, DENYING 1041 HAZARD REVIEW AND CONCEPTUAL SUBNIISSION APPROVAL TO THE MARKALUNAS PROPERTY ON REDSTONE BOULEVARD Resolution No. 98-_;/j RECITALS Ramona and Jim Markalunas (hereafter "Applicant") have applied to the Pitkin County Board of County Commissioners (hereafter `Board") for 1041 Review approval. 2. The property is located on Redstone Boulevard and is known as Lots 98, 99, 99A of the Redstone Townsite. The Board heard this application at its regularly scheduled public hearing of October 28, 1998, at which time evidence and testimony were presented with respect to this application. 4. The Board finds that the entire parcel is within the mapped 100 year floodplain of the Crystal River. 5. The Board finds that development of the subject property is prohibited, pursuant to Section 3-80- 040 C. of the Land Use Code, which prohibits development in areas identified as within 100 year floodplains. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Markahmas 1041 Hazard Review and Conceptual Submission. DENIED on the 28th day of October, 1998. Notre ce. o F P Vail c Yemzwo; jp&*AA/4w-o .w TAk-- A<AN pias aw .Se fte#W6e Oe 0115-1 / 9 f BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO No Dorothea Farris, Chair ATTEST: Jones, Deputy County Clerk (I"III "Ifl "I'�I II' III'll" III'lll"I II) "I') II'I ("I 424870 11/25/1998 03:10P RESOLUTI DAVIS SILVI 1 of 2 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 98 -Al/ Page 2 APPROVED AS TO CONTENT: APPROVED AS TO FORM: dl. 0 - - -- Cindylkouben Jo Community Development Director County Attorney P99-98 PID #2729-201-01-023 lancec/cases/mrkresdn.doc IIIIII IIIII 111111 III IIIIIII 111111111111111111111111111424870 11/25/1998 03:10P RESOLUTI MrS r V 2 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO MEMORANDUM To: Lance Clarke, Community Development Dept. From: Mary Wood, Environmental Health Officer Through: Lee Cassin, Assistant Environmental Health Director Date: August 29, 1997 Re: Markalunas Major Plat Amendment Parcel ID # 2729-201-01-023 The Aspen/Pitkin Environmental Health Department has reviewed the details of the Markalunas Major Plat Amendment application under the authority of the Pitkin County Code, Title 11, Land Use Code and has no concern with the amendment. There is no information present in our files to indicate that this would be a problem.