HomeMy WebLinkAboutbocc.res.074.1008RECEF'TIOIU#: 551272, 07f22t2008 at
10:26.53 AM,
1 O~ 3, R~0.00 Doc Cade RES{JLUTION
Ja~ice K, Vos Caudill, Piikin C~unty, CO
RESOLUTION OF THE BOARD OF COiJNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING APPROVAL OF CONDITIONS NOS. 3A,
3B AND 3D OF HEARING OFFICER DETERMINATION NO.OS-2007, BROWN
1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION
Resolution No. ~-2008
RECITALS
1. David Brown ("Applicant") has appealed the February 20, 2007, decision by the Pitkin
County Hearing Officer approving the Brown 1041 Hazard Review and Conceptual
Submission (Hearing Officer Determination No. OS-2007) to the Board of County
Commissioners of Pitkin County, Colorado (`BOCC").
2. The parcel is located at 2600 Beax Ridge Road in Tract 12, Section 36, Township 8
South, Range 87 West of the 6'h Principal Meridian.
3. The BOCC heard this appeal at a duly noticed public hearing on June 27, 2007, at
which time evidence and testimony were presented with respect to this application.
4. The BOCC found that an error did not occur during the Hearing Officer's Hearing, and
he used appropriate discretion in conditioning the approval.
5. The BOCC requested that the Applicant's remediation plans be brought back before
them for review.
6. The BOCC reviewed these plans at a public meeting on June 25, 2008, at which time
evidence and testimony were presented with respect to this application.
7. The BOCC finds that the remediation plans are in compliance with the applicable
Standards of the Pitkin County Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby approve the proposed reclamation and remediation
plans as meeting the requirements of Condition Nos. 3A, 3B and 3D of the Hearing
Officer's Determination of the Brown 1041 Hazard Review and Conceptual Submission
subject to the following conditions, which shall run with the land and be binding on all
successors in interest.
1. The Applicant shall comply with Hearing Officer Determination No. OS-2007.
2. The remediation plan for the trail/two track located east (above) the water tank
shall include details on covering the exposed dirt with staked straw matting rather
than scattered straw. The plan shall call for reasonable soil compaction that would
allow for both soil stability and seed germination.
Resolution No. 0~-2008
Page 2
3. The trail/two track located east (above) the water tank trail shall be limited to a 1'-
6" width and restricted to no motorized vehicle access.
4. The illegal road cut located on the northern property boundary shall be restricted to no
further clearing of trees and no motorized vehicle access.
5. All remediated areas shall be inspected after two growing seasons, if the areas have not
reached 70°/o vegetation cover the Applicant shall be required to take further remediation
steps as directed by County Staff.
6. The project shall be inspected by County staff to ensure compliance; inspections shall be
completed quarterly through the length of the project.
7. The Applicant shall be cl~arged double fees for the earthmoving permit due to lack of
compliance with required time frames for submitting plans and completing the work and
commencing the work without proper permits.
~
Resolution No. Q~y -2008
Page 3
APPROVED AND ADOPTED ON THE 25th DAY OF JUNE, 2008.
Je~nette Jones
C~ierk to the B~
APPROVED AS TO FORM
/
John E
ttorney
Case #P143-06
PID #2465-361-00-008
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By:
Jac atfield, Ch man
DATE: '7~/b /D ~
APPROVED AS TO CONTENT
' ~.
-~ ~~~ ~~ C K
~in y Houben
Community Development Director
3