HomeMy WebLinkAboutbocc.res.110.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,GRANTING APPROVAL OF THE CASTLE CREEK INVESTORS INC.
SUMMIT PARCEL SPECIAL REVIEW,GMQS EXEMPTION, 1041 HAZARD REVIEW AND
CONCEPTUAL SUBMISSION
Resolution No.110-2001
RECITALS
l. Castle Creek Investors Inc. ("Applicant")has applied to the Pitkin County Board of County
Commissioners (`BOCC")for 1041 Hazard Review, Conceptual Submission, GMQS Exemption and
Special Review approval to establish an activity envelope of lea;than 'h acre in order to construct a cabin of
less than 1,000 square feet on a parcel within the Rural/Remote zone district
2. The property is located on the east side of Richmond Ridge, and is more specifically described in
Exhibit A.
3. The parcel is zoned Rural/Remote and contains 53.39 acres.
4. The Planning and Zoning Commission recommended approval of the request on April 3, 2001 by
a vote of 5-0.
5. The property was created prior to June 12, 1978,therefore, one single family dwelling unit on the
parcel is exempt from the Growth Management Quota System.
6. The BOCC finds that the application is generally consistent with the applicable provisions of the
Pitkin County Land Use Code.
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby grant approval of the
CCI Summit Parcel 1041 Hazard Review, Conceptual Submission, GMQS Exemption and Rural/Remote
Special Review, subject to the following conditions, which shall run with the land and be binding on all
successors in interest:
I. Prior to submission of any earthmoving, access,or building permit applications, the Applicant shall
submit a 1041 Hazard Review Site Plan to the Community Development Department for approval
and recording. The site plan shall also be submitted in digital format for integration into he County's
GIS system. The mylar copy of the site plan must be signed by the owner prior to submittal for
recording.
2. Prior to submittal of a septic permit for the property,the Applicant shall provide documentation of
adequate quality and quantity of water from the well to the Environmental Health Department.
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3. Prior to submission of any building permit applications,the Applicant shall:
A. Obtain an evaluation to ensure that the activity envelope does not contain wetlands.
B. Obtain an access permit if any improvements to the existing driveway are proposed,which
shall be approved by the County Engineer and the Community Development Department.
C. Obtain a fireplace/woodstove permit from the Community Development Department.
D. Submit a drainage and erosion control plan for review and approval by the County Engineer.
E. Provide a construction management plan for review and approval by the County Engineer.
The plan shall include, but not be limited to,a construction schedule,a plan to minimize
construction trips and to notify the public of construction activity, and shall specify staging
and parking locations.
F. Fill and abandon the existing outhouse for the lunch cabin and obtain approval of a
permit from the Environmental Health Department for an alternative system to serve the
cabin.
G. Submit a deed restriction for the lunch cabin, which shall be reviewed and approved by
the County Attorney and the Housing Office and recorded. The deed restriction shall
limit the occupancy of the cabin to residents, as defined in the Affordable Housing
Guidelines. Year-round occupancy of the cabin shall not be required.
4. Prior to issuance of any building permit applications,the Applicant shall:
A. Obtain approval of a septic permit from the Environmental Health Department. The septic
system shall be located within the approved activity envelope,and must comply with the
setback requirements from surface and groundwater sources. A qualified professional
engineer must design the system.
B. Pay the applicable road impact fee.
5. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Fencing outside of the activity envelope shall be prohibited.
B. Dogs shall be kenneled.
C. Native vegetation shall be maintained outside of the activity envelope.
D. Install and use bear proof trash containers as required pursuant to BOCC Ordinance No.
010-2001,the Wildlife Protection Ordinance.
E. Retain tall,overly mature and standing dead trees whenever possible as nesting habitat.
F. Livestock(including horses) shall be prohibited.
6. The Applicant shall comply with the following wildfire mitigation standards:
A. For a distance of 15 feet around the cabin,maintain vegetation at a height of 6 inches or less
with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be
planted within this perimeter.
B. Roofs shall have a non-combustible roof covering on a Class A roof assembly. Wood
shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than
a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they corrply with the following:
I. All roof coverings shall be noncombustible materials as defined in the Uniform
Building Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly.
2. All roof coverings shall have a surface that shall facilitate the naturalprocess of
clearing the roof.
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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 UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
5. All roof designs,coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application.
C. Vents shall be screened with corrosive resistant wire mesh with mesh'/4 inch maximum.
D. Roofs and gutters shall be kept clear of debris.
E. Yards shall be kept clear of all litter, slash,and flammable debris.
F. All flammable materials and firewood/wood piles shall be stored on a parallel contour a
minimum of 15 feet away from any structure.
G. Swimming pools or ponds shall be accessible to Fire Department vehicles.
H. Fences shall be kept clear of brush and debris.
I. Wood fences shall not connect to the structure.
J. Fuel tanks shall be installed underground with an approved container.
K. 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.
L. The structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed
in a visible and accessible location.
M. The address shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on a non-combustible post.
7. All development shall comply with the provisions of Pitkin County's Noxious Weed Management
Plan.
8. Exterior lighting shall comply with the County's lighting regulations in effect at the time of
installation.
9. No development, including grading,excavation, fill placement, landscaping, and vegetation removal
or disturbance, shall occur outside of the approved activity envelope, except driveway extension and
maintenance and to comply with the required wildfire mitigation. The lunch cabin and a replacement
ISDS system for the lunch cabin may be located outside of the activity envelope.
10. The Applicant is not required to submit annual reports attesting to conformance with the conditions
of this approval, nor is this special review usepermit subject to any time limitations, as long as the
specific use described herein is maintained.
It. The footprint and square footage of the lunch cabin shall not be increased.
12. Winter maintenance of the roadway is prohibited.
13. Extension of a telephone line or other utilities is prohibited, unless subsequently approved through
Special Review.
14. The building footprint may exceed 500 square feet, but shall not exceed 1,000 square feet.
15. The setbacks for the parcel shall be as follows:
A. Front: 100 feet 111111111111111111111111 IIIII II IIIIIIII III 1111111111111
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B. East side: 20 feet
C. West Side: 50 feet
D. Rear: 50 feet
16. The Applicant shall adhere to all material representations made in the application or in public
meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
17. 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 June 13, 2004.
NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekly on the 12°i day of
May,2001.
APPROVED AND ADOPTED on the 131h day of June,2001.
VESTED RIGHTS NOTICE PUBLISHED in The Aspen Times Weekly on the 2 day of
Tw, 2001.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By
ATTEST: Michael C. I eland, Chair
Date
yn . Dean
Cle to the BOCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
cik
John Ely, L�ind�y Houben, 60ro(
County A y Community Development Director
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41'1 2000 4:51PM FREILICH MYLER LEITNER CARLISLE N0. 600 P. 2
CERTIFICATE OF OWNERSHIPXff18iT
Pitldn County Title, Inc., a duly licensed Title Insurance Agent in the State of
Colorado hereby certifies that CASTLE CREEK INVESTORS, INC., A
COLORADO is the owner in fee simple of the following described property;
GENERAL JACKSON, TIMBER, JENNIE, BLACK DIAMOND AND PEARL
LODES, U.S.M.S. NO. 6716 AND TITLE AND PRUDENCE LODES, U.S.M.S.
NO. 6978. EXCEPT THAT PORTION THEREOF AS SET FORTH IN DEED
RECORDED MAY 19, 1970 IN BOOK 248 AT PAGE 552.
ENCUMBRANCES: NONE
Subject to easements, restrictions and rights of way of record.
This certificate is not to be construed to be a guarantee oftitle and is furnished for
informational purposes only.
PITKIN COUNTY TITLE, INC.
BY:
authorize
CERTIFIED TO: August 24, 2000 Q 8:00 AAbL
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