HomeMy WebLinkAboutbocc.res.057.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, RESCINDING HEARING OFFICER DETERMINATION NO. 99- to
AND GRANTING 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION APPROVAL TO
SKYBAND TRADERS, INC.
Resolution No. 99-,5?'
RECITALS
1. Skyband Traders, Inc. ("Applicant") has applied to the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") for 1041 Hazard Review and Conceptual Submission approval to construct a
new single-family residence and customary accessory uses.
2. The Applicant's lot is zoned RS-30 and contains 35.96 acres.
3. Said parcel is located in Section 36, off of East Sopris Creek Road, and is more specifically
described in Exhibit A.
4. The Hearing Officer considered this application at a duly noticed public hearing on January 7, 1999.
5. The Hearing Officer found that development of the subject property is prohibited, pursuant to
Section 3-80.70(C) of the Land Use Code, which prohibits development in severe wildfire hazard areas, and
denied the application as evidenced by Hearing Officer Determination No. 99- (p , attached as Exhibit "B."
6. Pursuant to Section 4-150 of the Land Use Code, the Applicant requested a hearing to determine
whether the Board's denial of the application constitutes a taking of private property without just
compensation.
7. The Board conducted its takings hearing on February 24, 1999, at which time further evidence and
testimony was presented concerning the taking.
8. The Board finds that the previous denial does constitute a taking of all reasonable use and economic
return from the subject property, since there are no developable areas on the subject property outside of
severe wildfire hazard areas and the Applicant had a reasonable, investment -backed expectation to single-
family development on site.
9. The Board finds that the property is not appropriate for any use other than residential.
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O. The Board finds that this application proposes development in the best possible location, given the
hazards identified on the property.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby approve the Skyband Traders Inc. 1041 Hazard Review and Conceptual
Submission, subject to the following conditions which shall run with the land and be binding on all
successors in interest:
1. The Applicant shall submit an amended 1041 Hazard Review Site Plan to the Community
Development Department for approval and recording, prior to submission of any building permit
applications. The site plan shall also be submitted in digital format for integration into the County's
GIS system. The mylar copy of the site plan must be signed by the owner prior to submittal for
recording. The site plan shall be modified as follows:
A. Amend the access envelope as shown on Exhibit C.
B. Provide signature blocks for the Chair of the Board of County Commissioners and the
owner, and an Acceptance for Recording block for the Clerk and Recorder.
C. 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."
2. Prior to submittal of an ISDS permit, the Applicant shall provide documentation of adequate quality
and quantity of water from a well to the Environmental Health Department. The well must be
located within the building envelope.
3. Prior to submittal of any building permits, the Applicant shall:
A. Obtain approval of an ISDS permit from the Environmental Health Department. The septic
system shall be located within the building envelope and must comply with all minimum
horizontal setback requirements between its components and physical features. The system
must be designed by a qualified professional engineer.
B. File a fireplacelwoodstove permit with the Environmental Health Department.
C. Obtain an access permit from the County Engineer. The driveway shall be located within
the access envelope and shall comply with the standards in the County's Road Management
and Maintenance Plan.
D. Construct pullouts along and a turnaround area for emergency vehicles on Section 36 Road.
The location and design of the pullouts and turnaround shall be reviewed and approved by
the County Engineer and the Basalt and Rural Fire Protection District. The pullouts shall be
located at approximately 750 foot intervals up to the new driveway; some flexibility in the
location of the pullouts will be allowed to promote assimilation with existing topography
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Resolution No. 99- ,S'%
Page 3
and vegetation. The Applicant may coordinate with other property owners on Section 36
road to accomplish these improvements.
E. Submit a drainage and erosion control plan for review and approval by the County
Engineer.
F. Provide a trip generation and construction trip generation study for any free market
residential structure of 5,000 gross square feet or greater for review and approval of the
County Engineer. This study shall be developed by atraffic engineering consultant hired by
the applicant and pre -approved by the County Engineer. Construction parking and material
storage are prohibited on Section 36 Road.
4. 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 40 feet uphill and to the sides and 47 feet downhill from any structures.
C. Spacing between clumps of brush and vegetation within the specified area 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 specified area 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 specified area 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 all structures 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.
5. The Applicant shall comply with the following additional wildfire mitigation standards:
A. A fire suppression sprinkler system shall be installed in the residence.
B. A 2,500 gallon water tank shall be installed for fire protection use only. The tanks shall be
located and installed pursuant to the standards of the Basalt and Rural Fire Protection
District.
C. Roofs shall have a Class A , non-combustible roof system. Wood shake/shingle roof
coverings and flat roofs (up to a 4:12 pitch) are prohibited in all wildfire hazard areas.
D. Vents shall be screened with corrosive resistant wire mesh with mesh ''/ inch maximum.
E. Roofs and gutters shall be kept clear of debris.
F. Yards shall be kept clear of all litter, slash, and flammable debris.
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Resolution No. 99- ✓�
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G. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
H. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more
than 6 inches.
I. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away
from the structure.
J. Swimming pools shall be accessible to Fire Department vehicles.
K. Fences shall be kept clear of brush and debris.
L. Wood fences shall not connect to the structure.
M. Any outbuildings or additional structures shall adhere to the same standards as structures.
N. Fuel tanks shall be installed underground with an approved container.
O. 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 anyabove-
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.
P. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
Q. 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.
R. Utility lines shall be buried.
6. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Dogs shall be kenneled.
B. Livestock is prohibited.
C. Fencing outside of the building envelope shall comply with the County's guidelines for
fencing within wildlife areas. The perimeter of the property shall not be fenced.
D. All trash/garbage shall be kept in approved bear proof garbage containers.
7. The Applicant shall comply with the following standards for development on slopes of greater
than 15%:
A. Adequate mechanical support shall be provided for cut slopes.
B. Adding water which may decrease slope stability shall be avoided.
C. Adding weight to the top of the slope shall be avoided.
D. Disturbed slopes must be contoured so that they can be revegetated.
E. Steepening of existing slopes shall be avoided.
F. Cuts, fills, grading and excavation shall be confined to the minimum area needed for
construction.
8. No development, including grading, landscaping, vegetation removal or disturbance, well, septic
system and water tank shall occur outside of the approved building envelope, except for utility and
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Resolution No. 99- /
Page 5
driveway extension and maintenance within the approved access envelope, and as may be necessary
to implement the wildfire mitigation measures required elsewhere in this document.
9. The Applicant shall join a Road Improvement District shouldone be formed by the homeowners for
any future necessary improvements to the road.
10. Development within the required setbacks which changes the natural grade by more than 30 inches
above or below grade requires a variance from the Board of Adjustment.
11. All material representations made by the applicants in the application or in public meetings shall be
adhered to and considered conditions of approval, unless amended by other conditions.
12. The vested rights for the approval contained herein shall expire on the 10th day of March, 2002.
APPROVED AND ADOPTED this loth day of March, 1999.
PUBLISHED AFTER ADOPTION F.OR VESTED REAL PROPERTY RIGHTS IN THE
ASPEN TIMES WEEKLY on the )O day of API2i L , 1999.
ATTEST:
rc^^^ Deputy Clerk and Recorder
ND! It ' . IMAM
APPROVED AS TO FORM:
John Ely, County A
5
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
k
Leslie J.
nt, Chair
Date f" r7
APPROVED AS TO CONTENT:
c4
Cindy n,
Community Development Director
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Resolution No. 99-5/
Page 6
Case #P143-98
PID #2465-362-00-002
suzannew\pitkin\cases\ 1041\hearofflskyband reso
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Exhibit A
A,PARCIEL OF LAND SITUATED IN THE N 1/2 OF SECTION 36, TOWN—
SHIP 0 SOUTH, RANGE 87 WEST OF THE 6TH PRINCIPAL MERIDIAN,
DEINC MORE FULLY DESCRZDED AS FOLLOWS:
BEGINNING AT TIIE• NORTH 1/4 CORNER OF SAID SECTION 36:
THENCE FOLLOWING THE NORTH LINE OP SAID SECTION 3G
N 89°50'12" E 1446.26 FEET;
THENCE SOUTII 414.62 FEET:4
THENCE WEST 344.70 FEET: •
THENCE N 89°00' W 468.00 FEET:
THENCE S 54.15' W 1195.00 FEET;
THENCE S 28°58'22" E 110.38 FEET:
THENCE WEST 1038.32 FEET:
THENCE N 80°00' E 279.00 FEET;
THENCE 310.67 FEET ALONG THE ARC OF A CURVE TO THE LEFT
HAVING A RADIUS OF 252.00 FEET;
THENCE N 08°00' E 128.00 FEET;
THENCE 129.81 FEET ,ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING is RADIUS OF 250.00 FEET;
THENCE
HAVING
THENCE
THENCE
HAVING
THENCE
THENCE
HAVING
THENCE
HAVING
THENCE
HAVING
THENCE
206.53 FEET ALONG THE ARC OF
A RADIUS OF 250.00 FEET;
N 09°35' W 195.00 FEET;
125.54 FEET ALONG THE ARC OF
A RADIUS OF 95.00 FEET;
N 66°08' E 82.00 FEET:
125.11 FEET ALONG THE ARC OF
A RADIUS OF 230.00 FEET;
147.23 FEET ALONG TIIE ARC OF
A RADIUS OF 97.00 FEET'
89.52 FEET ALONG THE ARC OF A
A RADIUS OF 81.00 FEET:
N 73°39'10" E 24.57 FEET TO A
A CURVE TO THE LEFT
A CURVE TO THE RIGHT
A CURVE TO THE RIGHT
A CURVE TO THE LEFT
CURVE TO TIIE RIGHT
POINT ON TIIE NORTH
LINE OF SAID SECTION 36:
THENCE FOLLOWING THE NORTR LINE OF SAID SECTION 36
N 89°49' 28" E 315.70 FEET TO THE POINT OF BEGINNING,
CONTAINING 35.960 ACRES, MORE OR LESS.
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99—s7
429892 04/15/1999 11 57A DETERMIN DAVIS SILVI
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DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, DENYING THE SKYBAND TRADERS
1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION
No. 99-j
RECITALS
•
EVII$Ir
I. Skyband Traders (hereafter "Applicant") has applied to the Pitkin County Hearing Officer
(hereafter "Hearing Officer") for 1041 Hazard Review approval to establish a building envelope to
construct a new single-family residence.
2. The property is located in Section 36 off of East Sopris Creek Road, and is more specifically
described in Exhibit A.
3. The property is zoned RS-30 and contains approximately 35.96 acres.
4. The Hearing Officer heard this application at a public hearing on January 7, 1999, at which time
evidence and testimony were presented with respect to this application.
5. The Hearing Officer finds that the entire parcel is encumbered by severe wildfire hazard, and,
therefore, that development of the subject property is prohibited, pursuant to Section 3-80-070(A) of the
Land Use Code, which prohibits development in severe wildfire hazard areas.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Department Hearing Officer that the Skyband Traders 1041 Hazard Review and Conceptual Submission is
hereby denied.
DENIED on the 7th day of January, 1999.
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COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
By ame_CQt►,o,CP
Lance Clarke, Hearing Officer
Date DArtti
99-s7
Hearing Officer Determination No. 99- 4
Page 2
ATTEST:
Tenley Tayl
Administrati
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,
County A
PI43-98
2465-361-00-002
\surmmew\pitkin\cases\ 1041 \hearoft\skyband.doc
2
02. le- 99
Cindy Houben,
Community Development Director
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99-s
Exhibit A
A.PARCEI. or LAND SITUATED IN TUE 11 1/2 OF SECTION 36. TOWN -
snip 0 50UTI1, RANGE 87 BEST OF THE 6TH PRINCIPAL MERIDIAN,
BEING MORE FULLY OEsoIDED AS FOLLOWS:
DEGINNING AT THE NORTH 1/4 cns= OF SAID SECTION 36;
THENCE FOLLCWING «'S 210RTN LINE 0P SAID SECTION 36
N 89'50': ' 2 1446.26
THENCE Tor! 4.1.4.02 FEE ; 4y •"'
}:
THENCE WEST 344.70 :E.^; .•-.
THENCE N 39'0C' W 468.00 FEET;
THENC: S 54'15' W :195.00 FEET;
TI!ENCC 5 28.58'226 1 110.38 FEET;
THENCE .'NEST 1028._2 FEET:
THENCE N 50.00' E :79.30 ?EET;
TIIE•N= 115. G7ALONG THE ARC OF A CURVE TO THE �7
HAVING A :\`DIGS.Y 3F '252.20
THENCE N 08'00' - 128.30 FEET:
THENC :29. 31 ALCHG TREARC OF A CURVE TO THE.RIGHT
HAVING -A RADI'S OF 250.00 FEET;
THENCE 206.53 FE ALONG THE ARC OF A CURVE TO THE
HAVING A RADIUS 02 250.00 PEE•TT; •
THENCE N 09.35' W :95.00 FEET;
THENCE :25.54 FEE^. ALONG THE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 95.00 FEET;
THENCE N 56'081 E 82.00 FEET;
THENCE 125.11 FEET ALONG THE ARC OF A CURVE TO TEE RIGHT
HAVING A RADIUS OF 230.00 FEET;
THENCE 147.23 rszT ALONG THE ARC OF A CURVE TO THE I^
HAVING A RADIUS OF 97.00 IzzT5
THENCE 89.52 FPET_ ALONG TDE ARC OF A CURVE TO THE RIGHT
HAVING A RADIUS 0r 81.00 FEET; -
TH THENCE N 73.39' 10' E 24.57 - FE'T TO A POINT ON Ti.'EE NOR B
LINE OF SAID SECIIf1N 36; -:1;-,4
THENCE roL:otr;a Ina NOATE LINE OF SAID SECTION 36
N 89'49' 28* E 315.70 FEET TO THE POINT OF BEGINNING,
CONTAINING 35.960 ACIDS, 1CRE OR LESS.
1•..
429892
R40.00ID80.00 N 0.00 PI1KIN COUNTY CO
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Exhibit C
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