HomeMy WebLinkAbout1411 Crystal Lake_ Staff Findings_210719Exhibit A: Staff Findings (Not Recorded)
Sec. 26.435.040. - Stream margin review.
(c) Stream margin review standards. No development shall be permitted within the stream margin of the
Roaring Fork River unless the Community Development Director makes a determination that the proposed
development complies with all 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 on 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
Staff Response: The development is located out of the 100-year flood plain and the top of slope
area. The development will not increase the base flood elevation. Staff finds this criterion is
met.
(2) The adopted regulatory plans of the Open Space and Trails Board and the Roaring Fork River 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
Staff Response: There are no applicable standards from adopted regulatory plans. Staff finds
this criterion is not applicable.
(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 designated by this review and said envelope shall be recorded on a plat pursuant to
Subsection 26.435.040(f)(1); and
Staff Response: The property’s building envelope is established by setbacks and the top of
slope setback line. No vegetation or slope grade changes are proposed to be made outside of
these areas. Staff finds this criterion is met.
(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
Staff Response: The development will not adjust or interfere with the river. The proposed pool
and associated improvements may not drain outside of the building envelope. This will be
confirmed as part of the building permit. Staff finds this criterion is met.
(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
Staff Response: The development will not adjust or interfere with the river. Staff finds this
criterion is met.
(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
Staff Response: The development will not adjust or interfere with the river. Staff finds this
criterion is met.
(7) Copies are provided of all necessary federal and state permits relating to work within the 100-year flood
plain; and
Staff Response: The development will not be located in the 100-year flood plain. Staff finds
this criterion is met.
(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. This
is an effort to protect the existing riparian vegetation and bank stability. New plantings (including trees,
shrubs, flowers and grasses) outside of the designated building envelope on the river side shall be native
riparian vegetation as approved by the City. A landscape plan will be submitted with all development
applications. The top of slope and 100-year flood plain elevation of the Roaring Fork River shall be
determined by the Stream Margin Map located in the Community Development Department and filed at the
City Engineering Department; and
Staff Response: All proposed development is located outside of the 15 foot Top of Slope
setback. Staff finds this criterion is met.
(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
Staff Response: All proposed development is located under the 45 degree height limitation.
Staff finds this criterion is met.
(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
Staff Response: All lighting will be required to comply with the city’s lighting requirements.
This will be confirmed at building permit. Staff finds this criterion is met.
(11) There has been accurate identification of wetlands and riparian zones.
Staff Response: The wetlands and riparian zones were previously delineated as part of past
stream margin review. These have not been changed. Staff finds this criterion is met.