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HomeMy WebLinkAboutbocc.res.027.2001 452828 03/29/200 02:58P RESOLUTI DAVIS SILVI 1 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR A SUBDIVISION EXEMPTION, 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT ON THE RYAN PARCEL Resolution No.W7-2001 RECITALS 1. Aspen Valley Land Trust("AVLT")and Pitkin County Open Space and Trails Board ("OSTB") (collectively"Applicant') have applied to the Pitkin County Board of County Commissioners (`BOCC") to subdivide the property into two separate parcels to memorialize their separate ownership interests. 2. The Applicant also proposes to obtain 1041 hazard review and conceptual submission approval for a building envelope on Parcel B and special review approval for a caretaker dwelling unit on Parcel B. Parcel B will retain the development right from the fathering parcel. No development right is sought for Parcel A. The intent is to transfer both parcels to the US Forest Service. 3. The property is located on the west side of Castle Creek Road, south of Toklat and the King Cabin and north of the Cathedral Lake trailhead and the Pine Creek Cookhouse. The property is surrounded on three sides by US Forest Service land, and is described in Exhibits A and B. 4. The property is zoned AFR-10 and contains 35.634 acres. Parcel A will contain 15.334 acres and Parcel B will contain 20.3 acres. Both parcels will be conforming in the AFR-10 zone district. 5. The Planning and Zoning Commission considered the request at a regular meeting on December 5, 2000, and recommended approval by a vote of 3-0. 6. The BOCC reviewed the request at a duly noticed public hearing on February 14, 2001, at which time evidence and testimony were presented with respect to this application. 7. The BOCC finds that the proposal complies with Section 3.190-050 of the Land Use Code,which exempts the creation of open space parcels and parcels for conveyance to public entities for public purposes from subdivision. ResolutionN*_t-2001 I IIIIII 11111111111111111 III 111111111111 III 1111111111111 Pa e 2 452828 03/29/2001 02:58P RESOLUTI DAVIS SILVI S 2 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 8. The BOCC further finds that the proposed building envelopes on Parcel B comply with the provisions of Section 3-80 of the Code: the wildfire hazard is low and can be mitigated;the envelopes contain slopes of less than 15%and avoid avalanche and debris flow hazard areas;and impacts on wildlife and habitat areas can be mitigated. NOW,THEREFORE,BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Ryan Parcel Subdivision Exemption, 1041 Hazard Review, Conceptual Submission and Special Review for a Caretaker Dwelling Unit, subject to the following conditions,which shall run with the land and be binding on all successors in interest: A) The following conditions are applicable to both Parcels A and B: 1. Within 120 days of the date of this approval,the Applicant shall submit a 24"by 36" 1041 site plan to the Community Development Department for approval and recording,which shall comply with the provisions of Section 5-70 of the Land Use Code. The site plan shall also be submitted in digital format for integration into the County's GIS system.The mylar copy of the sit:plan must be signed by the owner before it is submitted for recordation. The site plan shall be modified as follows: A. Include a signature block for the chair of the Board of County Commissioners and an Acceptance for Recording for the Pitkin County Cleric. B. Include the following disclaimer on the site plan: "1041 environmental hazard areas exist that might affect the property,any improvements,and the use and occupancy thereof" C. Add a signature line for the owners of the parcel. 2. Prior to the expiration of the vested rights for this approval,the Applicant shall submit a 24"by 36" Subdivision Exemption Plat to the Community Development Department for approval and recording, which shall comply with the provisions of Section 5-40 of the Land Use Code. The plat shall also be submitted in digital format for integration into the County's GIS system. The mylar copy of the plat must be signed by the owner before it is submitted fa recordation.The plat shall be modified as follows: A. Include a note that the encroachment of the existing structures within the required setbacks was the result of the subdivision exemption. B. Include a note that the fathering parcel development right is assigned to Parcel B. C. Include legal descriptions of both parcels. 3. The Applicant shall record a covenant that prohibits any activity that would harm the historic artifacts left on the property by the 10� Mountain Division of the US Army. This covenant shall also specify that the public be allowed limited access to these artifacts for the purpose of historic research and education. This covenant shall be designed to run with the land and shall be recorded with the Pitkin County Clerk and Recorder's Office. B) If the federal land exchange is not completed,Parcel B shall be subject to the following conditions, which shall run with the land and be binding on all successors in interest: Resolution No.&-2001 I I'flll 'IIII 'lllll IIIIII 'I' IIIIIII III'I III 'll" IIII II'I 462828 03/29/2001 02:88P RESOLUTI DAVIS SILVI Page 3 3 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 1. Prior to issuance of an ISDS permit,the Applicant shall provide documentation cf adequate quality and quantity of water from a well to the Environmental Health Department. 2. Prior to building permit application,the Applicant shall: A. File a fireplace/woodstove permit with the Community Development Department. B. Obtain an access permit from the County Engineer for the driveway from Cathedral Lake Road to the building envelopes. The Applicant shall submit driveway plans and profiles,as well as cross sections of the driveway at selected locations. C. Obtain and the Housing Office shall reconi a caretaker dwelling unit deed restriction for one of the cabins. The other cabin shall be rendered uninhabitable,demolished or removed from the property. 3. Prior to issuance of any building permits,the Applicant shall obtain approval of an ISDS permitfrom the Environmental Health Department. 4. Summer access shall be via Cathedral Lake Road. Winter access from Castle Creek Road shall comply with all applicable County regulations in effect at the time, and shall be approved by the County Engineer and Community Development Director 5. Construction shall be prohibited from November 1 to May 1,or once snow accumulates on Castle Creek Road beyond the King Cabin,whichever is more restrictive. 6. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Brush, debris,and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. F. All branches,which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. I. Low vegetation shall be maintained within a 10 foot perimeter around all structures. J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 7. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof coverings and flat roofs(up to a 3:12 pitch)are prohibited in all wildfire hazard areas. B. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. Resolution No.os_2001 111111111111111111111111 III 111111111111111111111111 IN Page 4 4 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO D. Yards shall be kept clear of all litter, sladi,and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. 1. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any abova ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on a non-combustible post. P. New utility lines shall be buried. 8. The Applicant shall comply with the following wildlife mitigation, in addition to the recommendations made by Mike Villa in Section 7.2 of his Wildlife Evaluation dated May, 1999 (except as amended below): A. Dogs shall be permitted, provided such dogs are under physical restraint. 'Physical restraint' shall include any permanent structure or device,which prevents the dogs from free roam beyond the perimeter of the building envelopes. Acceptable physical restraint devices include permanent fencing and dog kennels or runs. Alternative physical restraint devices may be used upon approval by the Pitkin County Wildlife Biologist. Dogs shall be permitted on all areas of the property under leash control. Neither voice control of dogs nor electronic or"invisible" fences shall be deemed "physical restraint' or "leash control." B. Native vegetation shall be maintained outside of the building envelope,accept as necessary to construct and maintain the driveway and in order to comply with the wildfire mitigation required as part of this approval. C. Install and use bear proof trash containers. D. Fencing outside of the building envelopes shall comply with the faicing regulations in the Land Use Code. E. All horse feed shall be enclosed in a barn or fenced within the building envelope with a minimum 8 foot high wildlife proof fence. 9. All areas disturbed by construction shall be revegetated to limit water consumptionand additional runoff within one growing season of project completion. 10. No development activity, including grading, landscaping,vegetation removal or disturbance,well and septic system, shall occur outside of the building envelopes,with the exception ofdriveway construction and maintenance and in order to comply with the wildfire mitigation required as part of this approval. Resolution Notg-2001 I IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III 111111111 IN Page 5 452828 03/29/2001 02:58P RESOLUTI DAVIS SILVI 5 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 11. For any free market residential structure of 5,000 gross square feet or greater,the Applicant shall comply with Section 4.01.01(B)of the Pitkin County Road Management and Maintenance Plan, which requires the applicant to provide construction trip and residential trip generation studies. The Applicant shall comply with this provision as it is in effect at the time of building pernit issuance to the satisfaction of the County Engineer. Construction parking or staging of equipment shall not occur on the County road. 12. The Applicant shall adhere to all material representations made in the application and in the public meetings. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on February 14, 2004. C) The following conditions are applicable to Parcel A: 1. Parcel A does not have a development right. 2. No further development shall occur on the property. 3. The cabin on Parcel A shall be limited to its existing footprint and floor area as of the date of this approval. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 13`h day of January,2001. APPROVED AND ADOPTED on the 141h day of February, 2001. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY on the(Q day of y►1,�, 2001. Resolution No,07-2001 Page 6 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY,COLORADO By rW 4d&##jVW1( Michael C. Ireland,Chair ATTEST: Lynde R. Dean,Clerk t the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: Cindy Houben John El Community Development Director my Attorney P120-00 PID#290931100001 I Illlll lllll "III' Illlil 111 lllllll Illll III illll llll I'll 432828 03/29/2001 02:68P RESOLUTI DAVIS SILVI 6 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO fp8U-3U'Uu WLOli--L L1 'M AVL1 - rnA nu. ZHU ocu fuji • _ EXHIBIT "A" —A-VLT LEGAL DESCRIPTION A parcel of land situated in H,E.S. No. 93 and U.S.M.S. No. 2016, Township 11 South, Range 84 West of teh Sixth Principal Meridian, County of Pitkin, State of Colorado; said parcel being more particularly described as follows: (All bearings contained herein are based on a bearing of N 89.25'00" E between Corner No. 9 H.E.S. 93, a stone found in place and the Corner No. 8 U.S.M.S.2016. a stone found In piece; Commencing at Comer No, 9 H.E.S.93, a stone found in place; thence S 05'58'08"W 212.33 feet to THE POINT OF BEGINNING; thence N 39024'24" E 530,98 feet; thence N 8792719"E 666.55 feet; thence S 02037'00" E 913.64 feet; thence S 80030'09"W 388.42 feet; thence S 06918'48"W 349.17 feet to a point on the Northerly right-of-way of Cathedral Lake Road; thence the following eight(8)'courses along said Northerly right-of-way: 1. N 26'16'20"W 31.46 feet 2, N 471316"W 96,96 feet 3. N 55'56'46"W 120.30 feet 4. N 50*11'31"W 68.45 feet 6. N 53906'21'W 65.31 feet 6. N 66'19'00"W 52.91 feet 7. N 57'51'33"W 66.48 feet 8. N 56022'17"W 188.92 feet; thence leaving said right-ef-way N 05158'08"E 466.92 feet to THE POINT OF BEGINNING. Granting to Aspen Valley Land Trust, for the benefit of the above described parcel, a driveway easement 30 feet in width. from Castle Creek Road across the parcel described on Exhibit C hereto, in the location specified by the land use approvals necessary to allow residential development on the above described parcel. IIIIII IIIII IIIIII IIIIII III IIIIIII IIIII III "III IN IN 452828 03/29/2001 02:58P RESOLUTI DAVIS SILVI 7 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 3Ij-UJ WtIl L• iy i'11 AVL,' II'lll IIIII 'IIIII IIIIII 'll IIIII II II'I I III 'llll II I I I"I 452828 03/29/2001 02:88111' RESOLUTI DAVIS SILVI 8 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT "A" - f t I-V- LEGAL DESCRIPTION A parcel of land situated in H.E.S. No.93 and U.S.M.S. No. 2016.Township 11 South,Range 84 West of the Sixth Principal Meridian,County of Pitkin, State of Colorado; said parcel being more particularly described as follows*. (All bearings contained herein are based on a bearing of N 89926'00" E between Corner No. 9 H.E.S. 93, a stone found in place and the Corner No.6 U.S.M.S.,2016, a stone found In place); Commencing at Corner No. 9 of H.E.S. 93, a stone found In place,THE POINT OF BEGINNING; thence N 12650157" E 486,11feet, thence N 6702219"E 1162,80 feet to a point on the Westerly right-of-way of Castle Creek Rosd; thence the following five (6)courses along said Westerly fight-of-way: 1, along the arc of a curve to the left having a radius of 746.30 feet and a central angle of 23036'28", a distance of 307.60 fee%(chord bears S 11660'44"W 305,33feel) 2, $00002'30"VV 227.20 feel 3. S 020 12'20'W 64.98 feet 4. S Ot°01'31" E 376.29 feet 5. S 02'29'59" E 206.91 feet; thence leaving said Westerly right-of-way S 80030'OS"W 311.85 feet; thence N 02°37100"W 913.64 feet; thence S 87°22'19"W 556.66 feet; thence S 39'24'24"W 630.9Bfeet, thence 14 05458108" E 212.33 feet to THE POINT OF BEGINNING. Reserving for the benefit of the owner of the parcel described on Exhiblt C hereto, a driveway easement 30 feet In width, from Castle Creek Road across the above described parcel, in the location specified by the land use approvals necessary to allow residential development on the parcel described on Exhibit C hereto.