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Home My WebLink Aboutbocc.res.101.2008RECEPTION#: 553061, 09/23/2D08 at 09:09:18 AM, t OF 5. R$0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COITNTY COMMISSIONERS OF PTTHIN CO[JNTY, COLORADO GRANTING APPROVAL FOR 1'HE FABRIZIO ACTIVITY ENVELOPE, SITE PLAN, AND SPECIAL REVIEW FOR A MICRO ~YDROELECTRIC GENERATION FACILTTY BOCC Resolution No.~~-2008 RECTTALS 1. Bruce Fabrizio (hereafter referred to as "ApplicanY') has applied to the Boazd of County Commissioners of Pitkin County, Colorado (`BOCC") for Acrivity Envelope Review, Site Plan, and Special Review for a Micro Hydroelectric Generation Facility. 2. The Applicant submitted an application after July 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code, as amended. 3. The pamel is located at 20 Smith Hill Way at the junction of Smith Hill Way and Hwy 82. The parcel is zoned AR-10 and is approacimately 15 acres. PID#2643-211-00-004. (Legal Description, Attachment A). 4. The parcel received 1041 Hazard Review, TDR Receiver Site, and CDU appmval pursuant to Hearing Officer Determination No. 04-2004. This approval established two envelopes for residenfial improvements up to ]Q750 square feet. The two envelopes were amended twice (Administrative Decisions ]04-2005 and 22-2006) to allow minor changes for driveway, septic, utility, and landscaping unprovements. The Applicant originally submitted for an AcUvity Emelope and Site Plan Review to construct a micro hydroelectric facility. During this review it was determined that the request could not be approved because it violated multiple Code standards. The Applicant subsequently requested an amendment to the Code to provide an avenue for review of this use. 5. The BOCC heard the request at their regulazly scheduled and duly noticed public hearing on August 27, 2008 at which time evidence and testimony were presented with respect to this application. Public notice was published in the paper on July 27, 2008. No objections were received within 30 days. 6. The BOCC finds that the Applicant has satisfactory demonstrated that the proposed micro hydrcelectric facility meets the criteria and standards of the Code and can adequately mitigate any unpacts to riparian azeas, wetlands, and the floodplain of Brush Creek. The Applicant has also committed to successful revegetation of the dry hillside thaz will be disturbed with construction of the penstock. The BOCC fiuther finds that the Applicant has demonstrated the legal right to use water from Brush Creek and acknowledges the ApplicanYs wmmitment to not fully de-water the Creek. NOW, THEREFORE, BE IT RESOLVED that the Pitkin County Board of County Commissioners (BOCC) approve the Fabrizio Activity Envelope Review, Site Plan, and Special Review for a Micro Hydroelectric Generation FaciliTy subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the currec~t or prior applica6ons or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. Page / of a ~'jCe ~a' j0~_~v~ 2. Prior to submission of any future permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope and Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.1 and 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The site plan shall incorporate the following aspects: a. T'he Activity Envelope shall be drawn to include all areas of disturbance including construction staging, fill placement, and access points; b. The Activity Envelope shall also be drawn to include an underground electricity transmission line from the wheelhouse, along the foot bridge, to the Holy Cross utility pole. 3. No strvctural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of the Lot. Any development located within setbacks mandated by County zoning regulations shall require a vaziance from the Board of Adjustment. There is no assurance a vaziance will be granted. 4. An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can be engineered so that there is no hazard posed by the location of development on steep slopes. With this demonstration, all mitigation devices shall be located on a plan for review and approval by the Planning Engineer. 5. M erosion control and drainage plan using best management practices shall be submitted to the Planning Engineer at building permit submittal and be approved prior to issuance of the permit(s). If more than one acre of land is disturbed, the Applicant shall submit for and be issued a state stortnwater management permit prior to issuance of building permit(s). 6. At the time of building permit submittal, the Applicant shall also submit for a floodplain permit with the Pitkin County Floodplain administrator. A floodplain permit shall be issued before or at the time of issuance of a building permit. 7. At the time of building pertnit submittal, the Applicant shall submit a detailed construction management plan for review and approval by the Planning Engineer. 8. The Applicant shall adhere to all aspects and recommendations of the ERO Resources Corp. May 8, 2008 "Riparian and Wetland Site Assessment Report and Mitigation Plan for the Fabrizio Hydroelectric ProjecY'. A detailed revegetation plan shall be submitted For review and approval by the Planning Engineer, Land Manager, and EH/NR DepaRment that incorporates the aspects and recommendations of this report if riparian habitat and wetlands are disturbed. The revegetation plan shall also incorporate best management practices for revegetation of the dry hillside after penstock construction and mitigate for any trees removed that are 6" d.b.h. or greater. Financial security shall be posted by the Applicant, at an amount to be determined by a revegetation specialist and acceptable to the Community Development Director, to ensure proper and successful revegetation of the site. 9. The ApplicanYs hydroelectric system shall never fully de-water Brush Creek. 10. If a system is not in continuous use for more than 1 calendar year for reasons other than low stream flows, disruption to stream habitat, or drought the shvctures associated with a hydro electric system may be required to be removed or otherwise rendered permanently inoperable. Prior to issuance of permit for the micro hydro system, the Applicant shall grant Pitkin County a Page 2 oj4 ~/~~ <~~ ~ ~0/~ ,~6g non-revocable license to enter the property for decommissioning the system. Prior to issuance of a building permit, a covenant shall also be recorded, acceptable to the Community Development Director and County Attorney, that includes the following: a. A decommissioning plan defming the appropriate actions and deconstruction measures that will render the system inoperable but at the same time maintain or enhance the environmental and scenic health of the site; and, b. Language that acknowledges the property owner shall bear the cost of decommissioning the facility. This cost shall include rehabilitation of the site. 11. The Applicant shall permit Pitkin County Staff to access the site for inspection of the facility with 48 hour notice. If Staff determines that impacts are excessive and intolerable or that commitrnents such as, but not limited to, fully de-watering the Creek or unsuccessful revegetation has occurred, new conditions may be imposed or violations will be assessed. Staff shall also have the ability to inspect the facility on a complaint basis with 48 hour notice. 12. The wheelhouse shall only be sized to accommodate the mechanisms needed for operation of the micro hydroelectric system. The wheelhouse shall not exceed 150 squaze feet and be no taller than 8 feet in height. The structure shall be of earth-tone colors and utilize non-reflective roofing. 13. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the conshvction site within the perimeter of the building envelope. The fencing shall remain in place until completion of the micro hydroelectric facility. 14. Statutory vested rights for the approval contained herein aze granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall exp've on August 27, 2011. 15. 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 TIIVIES on the 27~' day of July, 2008. APPROVED this 27m day of August, 2008. PUBLISHED AFTER ADOP FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the ~ day of ~~~/, 2008. BOARD OF COLINTY COMIVIISISONERS OF PITKIN COUNTY, COLORADO . By c ~ ,/ ~ Jack ield, Chair Jones, Deputy ounty Clerk Date 9~/6~0~_ VED AS TO FORM: APPROV ED AS TO CONTENT: Page 3 oj4 ' ~~~~~ ~ti~~ John Ely, / Cindy Houben, County Attomey Community Development Director PIDH 2643-211-00-004 / Case lt 9-08 _~ Page 4 oJa l~'/~e ~~' /~/-~oo~ Attachment A Legal Description jSECT,TWN,RNG:21-9-85 DESC: THOSE ' iPORTIONS OF LOTS 2& 7 SEC 21-9-85 i -- -- ~CONT 21.93 AC M/L DESC BY - ----- -...--------------- _- ; ~--- ----- EXCEPT R-O-W FOR THE D&RGW RR AND ; ~EXCEPT THE R-O-W FOR THE COUNTY j ------__ ---..-- - ;. ~ROAD BK 191 PG 122 LESS 1.6 AC rDEEDED TO COLORADO-UTE ELEC ASSN . --- -- - -- ~IN LOTS 2& 7 BK 205 PG 81 LESS A ' ~TR OF LAND DESC BY M/B CONT 4.6 AC i -- -- ------ ----- ~ ~TO ALCORN & SCARI.ETT BK 215 PG 200 ~ ~BK 265 PGS 581 & 583 LESS 0.027 AC ~ - ---- - - -- iT0 COLO DEPT OF HIGHWAYS BK 475 PG ' ----- -- - - ;445 LESS PARCEL IN SEC 21-9-85 -- ------- ---- ----- ---- -- --- --- --- - - --I ~DEEDED TO BOARD PITKIN COUNTY ~COMMISSIONERS BK 493 PG 981 FROM ,THE BOARD OF COUNTY COMMISSIONERS A IN SEC 21-9-85 BK 493 PG 984 ~~~U11 ~