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HomeMy WebLinkAboutho.deter.10.2008RECEPTION#: 553810. 10J2812008 at 10:5$:18 AM, 1 ~F 5. R SO.OO Dac Code DETERMINATION Janice K. Vos Caudill, Pitkin County CO ___~ _..,......rG OFFICER OF THE COMMLJNTTY DEVELOPMENT DEPARTMENT OF PTTKIN COUNTY, COLORADO, APPROVING THE PITKIIH GROUP INVESTMENT ACTIVITY ENVELOPE, SITE PLAN, AND SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT Hearing Officer Determination No./U -2008 RECTTALS 1. Pitkin Group Investment ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for Activity Envelope, Site Plan, and a Subdivision Exemption for a Minor Plat Amendment to amend a previously approved building envelope for construction of a single family residence. 2. The Lot contains 1.63 acres and is conforming in size within the R-30 zone district. 3. The Lot is legally described as Lot 2 of the BOCC approved Sickels Subdivision. 4. An objection was filed within 30 days of the public notice requirements making the Hearing Officer the decision making body on the application. The Hearing Office has reviewed the objections and hereby finds that this matter is properly before the Hearing Officer as a minor plat amendment. All other objections are either denied or are addressed herein. 5. The Hearing Officer finds that the proposed activity envelope is consistent with the applicable requirements of the Code, as follows: A. The activity envelope can avoid slopes in excess of 30% except where slope anomalies exist in the southern portion of the proposed envelope pursuant to Section 7-20-20(c)(3); B. The wildfire hazard is rated as severe, and can be mitigated. 6. The Hearing Officer further finds that the Lot Owner may build asingle-family residence with the following gross floor area: 6,000 square feet for the residential dwelling including main and lower/sub-grade levels (excluding unenclosed decks and sub-grade mechanical areas), and 750 square feet for the garage pursuant to the prior approvals for the Sickels Subdivision. This floor area is also exempt from Growth Management and the use of TDR's pursuant to section 1-70-20(b)(3) of the Code. 7. The Hearing Officer considered this application at a duly noticed public meeting on September 23, 2008 and continued meetings on August 23`d, 2008 and July 15, 2008 at which time evidence and testimony were presented with respect to this application. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Pitkin Group Investment LLC Activity Envelope Site Plan, and Subdivision Exemption for a Minor Plat Amendment, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current 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. The Applicant shall comply with the provisions of BOCC Resolution Nos. 87-19 and 87-42, unless otherwise replaced or amended by the conditions of this approval. Determination No. ~ -2008 Page 2 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. The building envelope for Lot 2 approved on the Plat recorded in Book 19 at Page 60A shall be amended and reestablished as an Activity Envelope. 5. The proposed Activity Envelope and Site Plan shall be amended in the following fashion: A. Remove the portion of the envelope north of the driveway; B. Remove the southwest portion of the proposed envelope at the intersection of the 70 contour line as depicted on the August 27, 2008 Conceptual Landscape Plan. C. A note shall be included on the final plat and site plan stating that the existing stand of trees located along the western property boundary from the driveway south shall be preserved, except for areas of excavation reasonably required for construction of the approved residence within the approved building footprint. D. A plat note shall be included that states the existing scrub oak stand north of the garage and along the driveway will remain intact except for thinning as required for wildfire mitigation. 6. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be leashed or kenneled. Construction dogs aze prohibited. B. Fencing outside of the activity envelope shall be prohibited. C. Install and use an approved bear-proof trash container as required by the County. D. Manipulation of vegetation outside of the Activity Envelope is prohibited. E. Avoid fruit-beazing trees and shrubs in any landscaping. F. When existing native vegetation must be altered within the Activity Envelope, the Applicant may be required to prepaze a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a neazby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off- site mitigation benefiting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. G. Trash/gazbage shall be kept in an approved bear resistant container or enclosure during and after construction. H. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. The Applicant shall adhere to the following wildfire standards: A. Brush, debris and non-ornamental vegetation shall be removed within a minimum fifteen-foot (15') perimeter azound all structures. This area shall be of primarily non-combustible hardscape surfaces, low growing perennials, flowerbeds, cut grass or deciduous, well- trimmed and irrigated plants. If trees are retained near the house, this may be done if the 15' azea described above is extended from the furthest most projection of the tree so that the trees also have defensible space B. Beyond the 1 S area up to 65', maintain natural and/or irrigated grass at less than 6" and thin existing trees and brush into individual clusters. Oak, Juniper and serviceberry shall be Determination No. 1 U-2008 Page 3 thinned and clustered. Limbs shall be pruned to''/z or ]0' feet, whichever is less. No brush or shrubs, which when mature shall be tall enough to act to act as a ladder fuel azound the trees. Clusters of bushes and shrubs shall be separated from each other and from those beyond the 35' and 65' perimeter by a distance of 2 'h times the height of the mature vegetation. C. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. D. All deadfall up to a one hundred (100) foot perimeter shall be removed. E. No flammable mulches shall be placed within two (2) feet of a residence. F. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. 8. The Applicant shall comply with the following structural design and construction options: A. Roofs shall be constructed with a Class A roof covering as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings aze prohibited. Roofs with less than a 3:12 pitch aze not permitted unless they comply with the following: 1. All roof coverings shall be listed for installation as part of the Class A roof assembly. I. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Mazshal prior to submittal of a building permit application. B. Roofing: 1. Any new roofs shall be constructed with aClass-A roof covering as defined by the currently adopted building code. 2. No wood shakes or shingles. C. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other. 1. One (1) hour rated material or any material underlain by 5/8" Type X gypboazd or equal, or 2. "Type IV" Heavy Timber materials, per the currently adopted building code. D. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: 1. Construction with noncombustible or one (1) hour rated material, or material with flame spread C25 (tested to ASTM E84 and listed for exterior use), or 2. Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboazd or equal (decking as "a" above), or 3. "Type N" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log construction, or 4. Enclose projection vertically to ground with one hour fire resistive materials. Decking as"a" above. E. Railings: 1. Railings must be constructed of noncombustible or "Type N" Heavy Timber materials. F. Exterior of the Structure, Including All Walls: l . One (1) hour fire resistive rated materials, or 2. 5/8" gypboazd underlying combustible materials, or Determination No. ~[]-2008 Page 4 3. Cement stucco, minimum'/4" thickness. 4. All glazing to be tempered glazing; and 5. Doors to be metal or wood 1 '/4" thick minimum. G. Foundations: 1. Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. H. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for one-hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. I. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. J. Roofs and gutters shall be kept cleaz of debris. K. Yards shall be kept clear of all litter, slash, and flammable debris. L. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. M. Weeds and grasses within a 15 foot perimeter of all structures shall be maintained to a height of not more than 6 inches. N. Swimming pools or ponds shall be accessible to Fire Department vehicles. O. Fences shall be kept cleaz of brush and debris. P. Wood fences shall not connect to structures. Q. Fuel tanks shall be installed underground with an approved container. R. Any outbuildings or additional structures shall adhere to the same standards as structures. S. Propane tanks shall be installed according to NFP A 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above-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. T. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. U. Addresses shall be cleazly mazked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. V. New utility lines shall be buried within the driveway. 9. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building, septic and/or access envelopes except for wildfve mitigation. Construction, staging, pazking, utility and driveway extension and maintenance shall occur within approved building, or access driveway envelopes. 10. 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 construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 11. All areas disturbed by construction shall be re-vegetated with native shrubs and grasses within one growing season of the project's completion. 12. The Applicant shall comply with the requirements of the Aspen Fire Protection District. Determination No.' U -2008 Page 5 13. No calculations for 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 may not be permitted under building and zoning regulations. 14. Prior to issuance of a building permit, the Applicant shall submit a landscape plan that identifies all trees to be removed over 6" d.b.h. on the Lot and mitigates for their removal. 15. 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 § 2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on October 7. 2011. 16. 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. PUBLIC NOTICE WAS PUBLISHED IN THE ASPEN TIMES WEEKLY on the 11`" day of May, 2008. APPROVED AND ADOPTED this day of © c~ 6 ~ , 2008. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asuen Times Weeklv on the~~ day of~~, 2008 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: Bonnie Waechtler, Administrative Assistant By ~_ - e James R. True, Hearing Officer Date ~ ~ 7 o X APPROVED AS TO FORM: ~~. ~_-___ John Ely, County Attom~ " APPROVED AS TO CONTENT: Cindy Houben, Community Development Director PID# 2735-013-04-002 P140-07