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Home My WebLink Aboutbocc.res.089.2008l~~CEPTION#: 552533, 09102/2008 at 'I'~:00:23 AM, 1 oF 8, R$0.00 Doc Gode RES~LUTtON Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMl~'IISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE RIESER ACTIVITY ENVELOPE REVIEW, SPECIAL REVIEW FOR A CDU, AND CONCEPTUAL SUBDIVISION SUBMISSION ResoluNon No.~ 2008 RECITALS ]. Steve and Sandy Rieser (hereafter "Applicants") applied to the Board of County Commissioners (hereafter `BOCC") for Activity Envelope Review, Special Review for a CDU, and a three lot Subdivision Conceptual Submission. 2. The parcel is located 2542 Emma Road, is approximately 57 acres, and is conforming in size in the AR-10 zone district. PID#: 2465-142-00-005. (Legal Description, Attachment A). 3. The Planning and Zoning Commission heard the application at regularly scheduled meeting on February 5, 2008 and June 3, 2008. The application was recommended for approval to the BOCC on a 5-0 vote. The BOCC considered the application on a first reading at a regular meeting and public hearing on July 9, 2008 and on July 23, 2008 at which time conditions of approval were accepted for subdivision on the property. A second reading was set for August 13, 2008. 5. The BOCC finds this request is consistent with the applicable provisions of the 2006 Land Use Code as amended. NOW, THEREFORE, BE IT RESOLVED that the Pitkin County Board of County Commissioners approve the Rieser Conceptual Subdivision Submission, Activity Envelope Review, and Special Review for a CDU subject to the following conditions: 1. The Applicants shall adhere to all material representations made in the cunent or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations far height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application might not be permitted under building and zoning regulations. With the Detailed Submission/Final Plat application, the Applicants shall: A. Provide a draft Improvements Agreement. This agreement shall outline agreements for shared utilities, driveways, and wells; B. Submit an analysis that addresses potential flooding of sub grade space due to high ground water and irrigation of the land; C. If the Applicants intend to use the existing septic system(s) to serve the existing residence(s), the system(s) shall be evaluated by a Professional Engineer. Documentation of the evaluation shall be provided to the Environmental Health & Natural Resources Department, along with a site map showing approximate tank and field locations, together with the well. Any prohibited components discovered during the evaluation, such as a metal tank or cesspool, must be replaced. Documentation shall also include information on a septic system for the proposed CDU; z BOCC Resoluzion No.~~"( -2008 Page 2 D. Provide a soil evaluation for the proposed onsite wastewater treatment systems for Lots 2 and 3. This evaluation shall be conducted at a time when irrigation ditches are running and pastures are being irrigated. These factors must be documented by the Professional Engineer conducting the soil evaluations. 4. The following shall be delineated on the Final Plat: a. Provide a signing block for the BOCC; b. Indicate whether the title of the plat will be either "Rieser" or "Arnold". 5. Concunent with recordation of the Final Plat and prior to submission of a Site Plan Review application, the Applicants shall record an Activity Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The Activity Envelope Plan shall first be submitted for approval by the County Attorney and Community Development. The above referenced approvals shall be a condition precedent to finalization and recordation. Prior to submission of any building or other development permit applications for Lots l, 2, and 3 the Applicants shall be required to submit for approval an apptication for Site Plan Review, pursuant to Secs. 2- 30-20 and 7-10-50 ofthe Code. 7. Priar to issuance of a building permit for the residence on Lot 2 ar 3 and Lot 1 as applicable, the Applicants shall: a. Obtain an access permit for the driveway, which shall be approved by the Planning Engineer and the Community Development Department. b. Obtain a fireplace/woodstove permit from the Community Development Departrnent, if necessary, c. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. This plan shall include the drainage improvements along Spruce Street that were committed to in the gowth management application. d. Pay the applicable road and employee housing impact fees. e. Submit a construction management plan for review and approval by the Planning Engineer. f. Submit a detailed revegetation pIan for disturbed areas with appropriate seed mixes and a tree mitigation plan. g. Make a cash payment in lieu of dedicating land to the Roaring Fork School District. Calculation of the payment sha11 be based on the regulations in effect at the time of building permit issuance. h. Make a cash payment in lieu of dedicating land to the County for parks/recreation/open space. Calcuiation of the payment shall be based on the regulations in effect at the time of building permit issuance. An agricultural easement or covenant, in a form acceptable to the County Attorney and applicant, shall be recorded prior to any building permits for either newly created lot that will allow for the continuation of current agricultural activities. The easement or covenant shall be for the benefit of Lot 1 and burden Lots 2 and 3 and shall allow for access and use of all land in Lots 2 and 3 with the exception of a one half ('/2) acre parcel surrounding the approved building sites for agricultural purposes, including but not limited to, ail necessary or expected activity for hay production and cattle grazing. This easement or covenant shall be perpetual and releasable only with the consent of the Pitkin County BOCC. This consent shall be given by the BOCC and cannot be withheld after the recordation of a covenant prohibiting all commercial agicultural activity for ali three lots consistent with the Pitkin County Land Use Code; ~~ ~ .~ BOCC Resolution No.a~-2008 Page 3 9. The Applicants shall properly dispose of the old vehicle batteries within 10 days of this approval. 10. Barns on the Lots were created prior to May 12, 2004 and the Applicants shall be allowed exempt barn floor area as represented in the application. Additional floor area resulting from overhangs shall not be included in barn floor area if barns are replaced; however can be counted as an overhang. A floor area report for the existing barns shall be submitted at the time of building permit submittal for reconstruction of these barns. 11. All three lots are limited to 5,750 square feet of floor area. 12. Standards Applicable to All Wildfire Hazard Areas: Development is allowed in wildfire hazard areas subject to conformance with the following development standard. A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): a) Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-foot (l0') perimeter around all structures. b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). c) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. ~ All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. h) All deadfall up to a one hundred (100) foot perimeter shall be removed. i) No new conifer trees shall be planted within ten (10) feet of a residence. ~ ~ BOCC Resolution No.d~-2008 Page 4 j) No flammable mulches shall be placed within two (2) feet of a residence. k) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Access a) Access roads and driveways shall be built to County standards; however, these standards rnay be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriffls Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. C. Water Supply for Fire Safety a) When access to a public or private pressurized water system is not availabte or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire deparhnent vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The amount of starage capacity on the parcel shall be determined by the Fire District. c) All new development shall conform to the appropriate building Code(s) with regard to sprinklering structures.. D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constracted according to the following specifications: a) Low Hazard Area 1. Roofing Materials 2. Class A covering or Class A Assembly as defined by the currently adopted Building Code. 3. No wood shakes or shingles. 4. All other adopted Building Code compliant methods and materials permitted. E. AII Hazard Areas: Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: a) All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. b) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. c) Protrusions above the roofline, such as parapets, shall be prohibited. d) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of l :48. e) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. ~ ~ BOCC Resolution No.~~-2008 Page 5 F. Maintenance and Miscellaneous Requirements a) Roofs and gutters shall be kept clear of debris. b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/4) inch m~imum. c) Yards shall be kept clear of all litter, slash and flammable debris. d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. fl Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. g) Swimming pools and ponds shall be accessible by the local fire district. h) Fences shall be kept clear of brush and debris. i) Wood fences shall not connect to other structures. j) Fuel tanks shall be installed underground with an approved container. k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. 1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. m) Structures greater than 5,000 square feet shall be sprinklered. n) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. l3. The detached CDU on Lot 1 shall not exceed 1,000 net livable square feet of floor area, which shall count toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two-burner stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 53 cubic feet and include at least a.73 cubic foot freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review. At building permit submittal, the Applicants shall provide proof of adequate water for the CDU. 14. The Applicants shall submit for building permits to legalize the CDU prior to detailed and final plat submission. 15. The Applicants shall, by recording a covenant prior to issuance of building permit, guarantee that the caretaker unit: a. Shall not be required to be rented; b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; c. Shall be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may be from time to time established, or members of the owner's immediate family, even though they may not qualify as employees of the community; d. Shall be rented for terrns not less than 6 months if rented. ,-- ~ I~ BOCC Resolution No.~~ -2008 Page 6 16. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above-referenced requirements. 17. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. 18. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally created lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 19. The Applicants shall comply with the applicable codes and requirements of the Basalt and Rural Fire Protection District, including but not limited to access, turning around of fire apparatus, and installation of an approved fire sprinkler system. On-site water supply for fire fighting is not required as there is a hydrant adjacent to the driveway on Spruce Street. 20. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. Verification of compliance shall be provided prior to issuance of a certificate of occupancy. 21. No development including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, well or septic system shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 22. Prior to commencement of any earthmoving or other constroction activity, the Applicants shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 23. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIlVIES WEEKLY on the 22"d day of June 2008. INTRODUCED AND FIItST READ AT A PUBLIC MEETING on this 23rd day of July, 2008. APPROVED AND ADOPTED ON 2~ READING AT A PUBLIC HEARING on the 13'}' day of August, 2008 ~ .~ APPROVED AS TO FORM: ~ ~_ - -- -- --~~ - --- - ,= John El}f Coun Attorney _-- .. P137- 7 PID2465-142-00-005 BOARD OF COLINTY COMMISISONERS OF PITKIN COLINTY, COLOR.ADO By '~ 1,~~ ~ ~~.~ ,. ~ Jac a ~eld, Chairm Date C ~ ~ C ~ 1 APPROVED AS TO CONTENT: ~`,,- ~ ~,~c ,, C t~ Cindy Houben, Community Development Director ~ ~ BOCC Resolution Ncf? ~ l -2008 Page 7 Legal Description __._..._._ _......_... _..____---.--__._____.... _ ;SECT,TWN,RNG:14-8-87 DESC: LOTS 6 7 ~ -------..._.... ._ __.__-___ ------.._.._...------~-- - - --._._.._._....___._._._...._..__..~.._._ _. . 1 I& l2 OF SEC 14-8-87 LESS TO DALY ' ---------•-----_._ .__._._...._._.._.._._.__...._.....______. ...__._.~._...._._.......-- -_......._....__... ._..__.. ;CONST CO 99.399 AC DESC BY M/B BK ; __-----• _.____~....._._.._.._..._..___.._._._..~._... __._._....._ ..............._..._. , 249 PG 294 FROM ELMER D HOLMES LOT ; --------- --------- --------~----....._..........-•.•---•---•---------.._.._.~.._._ ............._.~ LINE ADJ PROPERTY BEING A PARCEL OF ~._____- --------------...-- ...--------------- -------------.._....----- ----. ,LAND IN TRACT 63 T 8 S R 87 CONT i ~ _ .__...__ ----- _...._._------~-----------__.. __----.___.....:._.-------------_.._, r2.29 AC MIL DESC BY M/B BK 588 PG ' ~ ____------__...---------_..__--------_.__-~-~--------- -- --- ----_...~..._----~--------.._._..-_---, , `708 ~ _ -------- -------- _••_----_._...__........_....-.° --------.....__..,_..-------•--- --3 V