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Home My WebLink Aboutbocc.res.098.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,GRANTING APPROVAL FOR REINSTATEMENT OF VESTED REAL PROPERTY RIGHTS FOR THE WACHTEL/ICM LEASING 1041 HAZARD REVIEW, BOCC RESOLUTION NO. 94-237 Resolution No.O98-2001 RECITALS 1. ICM Leasing, LLC ("Applicant")has applied to the Pitkin County Board of County Commissioners (`BOCC")to consider a Reinstatement of Vested Real Property Rights pursuant to Section 4-140-30 of the Land Use Code. 2. The property is located in Shield-O-Mesa Subdivision and is more specifically described in Attachment"A". 3. The property is zoned RS-30 PUD and contains 18 acres. 4. The BOCC heard this application at a duly noticed public hearing on May 23, 2001, at which time evidence and testimony were presented with respect to this application. 5. The BOCC has determined that the proposed development meets the criteria established in Section 4-140-030 of the Land Use Code, and therefore found the reinstatement to be appropriate. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant a Reinstatement of Vested Property Rights for the Wachtel/ICM Leasing 1041 Hazard Review 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 application and in the public meetings. 2. The conditions specified in the Wachtel 1041 Hazard Review, Resolution No. 94-237 as recorded at Reception No. 380311 shall remain in affect unless modified by the conditions of this approval. 3. Prior to submission of any building permit applications, the applicant shall submit a 1041 Hazard Review Site Plan complying with the provisions of Section 5-70-040 of the Land Use Code. The site plan shall be submitted in digital format for integration into the County's GIS system. I I'IIII "III "III' I'III' I'I'I IIII 'II"I III 'II'I II'I I"I 455442 06/14/2001 11:50A RESOLUTI DAVIS SILVI 1 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No.69j'-2001 Page 2 4. Wire fencing shall employ a three strand barbed or smooth wire fence with a 42 inch maximum height above ground level and at least 12 inches between the top two strands. Wood rail fencing shall employ three rails or less, be the round or split rail type, shall not exceed 48 inches in height above ground level and 12 inches in width (top view), and shall have at least 18 inches between two of the rails. 5. The Applicants shall comply with the following additional landscaping and wildfire defensible space mitigation standards: a. Tree Crown separation within a 30 foot perimeter of any structure shall have a minimum of ten feet between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels have been complied with. In areas of Aspen regeneration,the spacing guidelines shall be followed. b. The density of fuels within a 100 foot perimeter of the structures shall be reduced where natural reduction has not already occurred. c. All deadfall within a 100 foot perimeter shall be removed. d. The Applicant shall be responsible for continued maintenance of the defensible space mitigation requirements. e. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. f. Roofs and gutters shall be kept clear of debris. g. Yards shall be kept clear of all litter, slash, and flammable debris. h. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. i. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. j. Swimming pools or ponds shall be accessible to Fire Department vehicles. k. Fences shall be kept clear of brush and debris. 1. Wood fences shall not connect to the structure. m. Fuel tanks shall be installed underground with an approved container. n. 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 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. o. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. p. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. 6. Native vegetation must be maintained outside of the building envelope as long as it complies with all required wildfire mitigation criteria. I 1111111111111111111111111111111111111111111111111111111111 455442 06/14/2001 11:50A RESOLUTI DAVIS SILVI 2 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No.Q�-2001 Page 3 7. Floor area shall be limited to 5,750 square feet exempt from growth management. Floor area shall be calculated based on the definition in effect at the time of building permit submittal 8. Pursuant to Ordinance No. 022-2000, the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the same time as building permit issuance. 9. 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 the Pitkin County Land Use Code § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on May 23, 2004. 111111111111111111111111111111111111111111111111111 IN 455442 06/14/2001 11:50A RESOLUTI DAVIS SILVI 3 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No.&�-2001 Page 4 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE DAY OF j4 Pi2 I L 4N0,,)0a I , APPROVED AND ADOPTED ON THE 23RD OF DAY MAY,2001. VESTED RIGHTS NOTICE PUBLISHED ON THE q 014 DAY OF re— ,2001. ATTEST: BOCC OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO r, r rZy ee R. Dean, Michael C. Ireland, Deputy Clerk and Recorder Chair Date: r APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, C Attorney Community Development Director Case#P45-01 PID#264514200013 I II'lll I'lll "IIII I'I'I' I'I'I II'I 'll"I III "III 'I'I II'I 455442 06/14/2001 11:50A RESOLUTI DAVIS SILVI 4 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO CERTIFICATE OF OWNERSHIP B. Joseph Krabacher, a duly licensed Attorney in the State of Colorado hereby certifies that ICM Leasing, LLC is the owner in fee Simple of the following described property: A parcel of land situated in the S1/2 SW1/4 NW1/4 of Section 14, Township 9 South, Range 86 West of the 6th Principal Meridian, County of Pitkin, State of Colorado, said parcel is being more particularly described as follows: Commencing at the West Quarter Corner of said Section 14, a 1985 BLM Brass Cap in place, the TRUE POINT OF BEGINNING; thence N 00"06'00" E along the Westerly line of said Section 14 (basis of bearing) 374.10 feet; thence N 88"53'20" E 162.05 feet to the Southwest corner of an existing one acre tract, a #5 rebar in place; thence N 88"53'20" E 208.10 feet to the Southeast corner of an existing one acre tract, a #5 rebar in place; thence N 14"1700" W 29.81 feet to the Southwest corner of an existing one acre tract, a #5 rebar in place; thence N 59"3628" E 227.46 feet to the Southeast corner of an existing one acre tract, a rebar and cap L.S. #19598 in place; thence 41"29'27"W 182.01 feet to a point in the Northerly line of said S 1/2 S W 1/4 NW1/4; thence N 89"47'34" E along said Northerly line 875.82 feet to the Northeast corner of said S1/2 SW1/4 NW1/4, a rebar and cap L.S. #18483 in place; thence S 00"02'59" W along the Easterly line of said S1/2 SW1/4 NW1/4 665.03 feet to the Southeast corner of said S1/2 SW1/4 NW1/4, a rebar and cap L.S. #19598 in place; thence N 89"59'15" W along the Southerly line of said S 1/2 S W 1/4 NW 1/4 1314.23 feet N to the TRUE POINT OF BEGINNING. W z EXCEPTING THEREFROM: G z -J H A parcel of land situated in Section 14, Township 9 South, Range 86 West of the 6th P.M., U County of Pitkin, State of Colorado, said parcel being more particularly described as follows: a m in z +m Commencing at the West Quarter Corner of said Section 14, a BLM aluminum cap in place; m �mc thence N 00"06'06" E along the Westerly line of said Section 14 374.10 feet to a rebar ��'m and cap in place, L.S. #19598,the TRUE POINT OF BEGINNING; thence continuing along said Westerly line N 00"06'00"E 285.90 feet to the Norwest o corner of the Sl/2 SW1/4 NW1/4 of said Section 14 to a rebar and cap in place, L.S. #19598; thence along the Northerly line of said S1/2 SW1/4 NW1/4 N 89"47'35" E In ° 298.35 feet; �n thence S 14"I T00" E 73.72 feet to a rebar and cap in place, L.S. #3317; thence S EXHIBIT 2 88"53'20" W 208.10 feet to a rebar and cap in place, L.S. #3317; thence S 14"17'00" E 215.00 feet to a#5 rebar in place; thence S 88"53'20" W 162.50 feet to the TRUE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. Subject to, encumbrances, easements, restrictions and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. KRABACHER& SANDERS, P.C. By: B. Joseph Krabacher, Attorney at Law CERTIFIED TO: March 8, 2001 Illlll IIIII Illlll Illlll Ill ll llll Illlll III lllll llil I'll 455442 06000 12D00.00.N00.005PITKIN COUNTYOLUTI DAVIS ICOI 2793\Icml2certofownership.l.wpd 6of a EXHIBIT 11 2