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HomeMy WebLinkAboutbocc.res.071.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE REINSTATEMENT OF VESTED REAL PROPERTY RIGHTS TO DANIEL CHRISTMAS Resolution No. 99 - 7/ RECITALS 1. Daniel Christmas ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") to consider an extension of vested real property rights pursuant to Section 4-140.30 of the Land Use Code. 2. The property is located adjacent to the Redstone Ranch Acres Subdivision, south of the bwn of Redstone, and is more specifically described in the attached Exhibit "A." 3. The property is zoned RS-30 and contains approximately 36 acres. 4. The BOCC heard this application at a duly noticed public hearing on April 14, 1999, 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 4-140-30 of the Land Use Code, however, the BOCC has determined that the applicant's request is in fact a reinstatement of vested property rights and shall be noted as such. The BOCC has found that the reinstatement of vested property rights is appropriate and the request for an extension is considered effectively a request for reinstatement. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant a reinstatement of vested property rights to the Christmas property, 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 of this resolution shall replace all conditions of approval established in BOCC Resolution No. 96-5. 3. Wildfire mitigation shall be as follows: Defensible Space: A. The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions. 111111 111111 111 111111 IIIII ��II1111 430753 05/06/1999 01:25P RESOLUTI DAVIS SILVI 1 of 7 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO Resolution No. 99- 7/ Page 2 1. Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot perimeter around all structures. Vegetation in this area shall be at 6" or less (Le. mowed grass, low -growing perennials). No vegetation taller than 6" shall be planted in this area. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. 3. Spacing and thinning of existing vegetation within the 30 foot up hill and to the sides and 37 feet downhill shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees and brush. 5. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 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 compiled with. In areas of aspen regeneration, the spacing guidelines shall be followed. 6. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7. The density of fuel within a 100 foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8. All deadfall within the 100 foot perimeter shall be removed. 9. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. Structural Design and Construction Requirements: A. Roof construction shall be Class A, non-combustible (no wood shake/shingles) material with no flat roofs. B. All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum. C. Projections (Heat Traps): 1. Projections at the roof line (which include but are not limited to eaves, cornices, soffits and roofs over open decks) shall be sheathed with materials approved for 1 hour fire -resistive construction. 2. For projections below the roof line (which include but are not limited to exterior balconies, decks, porches, cantilevered floor projections, and bay windows) the open space between grade and the underside of projections below the roof line 1111111 11111 IIIIII IIII 1111111 III IIIIIII III IIIII 11111111 430753 08/05/1000 01:23P RESOLUTI DAVIS SILVI 2 of 7 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO Resolution No. 99- Page 3 shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for 1 hour fire -resistive construction on the exterior side of the wall and shall extend from the top of grade to the underside of the floor decking or walls of the projection. An alternative construction method for such projections would require use of totally noncombustible building materials. Areas below such projections shall be void of vegetative or other combustible materials. These areas below projections shall be protected from accumulation of vegetative materials by placement of a vegetative barrier covered with rocks or gravel or by coverage with concrete or stone. There shall be no storage of combustible materials under projections. The walls underneath projections shall be constructed with materials approved for 1 hour fire -resistive construction on the exterior side of the wall. Window openings in walls below projections shall be tempered glass. Doors shall be noncombustible or 1 3/4" solid wood. When the projection is located and constructed so that the structure or any portion thereof projects over a descending slope surface, the area below the structure shall have all underfloor areas enclosed to the ground, with exterior walls constructed with materials approved for one hour fire -resistive construction on the exterior side of the wall. D. Windows and Glass: Glazed openings shall be provided with close -able, solid, exterior non-flammable shutters or shall be tempered glass. E. Exterior Walls and Siding: Siding and exterior wall construction shall have a minimum 1 hour fire -resistive rating ground level to roof line. Exterior doors shall be noncombustible or 1 3/4" solid wood. F. Foundations: Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for 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. G. Stilt Construction: The underside of decks and structures with stilt foundations shall be fully enclosed and constructed with materials approved for 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. Maintenance: A. Roofs and gutters shall be kept clear of debris. B. Yards shall be kept clear of all litter, slash, and flammable debris. C. All flammable materials shall be stored on a parallel contour a minimum of 15' from any structures. 11111111111 Bill MI 1111111 HI 1111111 III 111111111 IIII 430753 05/00/1999 01:2SP RESOLUTI DAVIS SILVI 3 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99- Page 4 D. Weeds and grasses within the 10' perimeter shall be maintained to a height no more than 6 inches. Miscellaneous: A. Firewood shall be stacked on a parallel contour a minimum of 15 feet away from any structure. B. 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 enclosures around the tank shall be constructed with materials approved for 2 hour fire -resistive construction on the exterior side of the walls. C. Fences shall be kept clear of brush and debris. D. Wood fences shall not be connected to the structure. E. Fuel tanks shall be installed underground with an approved container. F. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher. G. Addresses shall be clearly marked and visible with minimum 2" non-combustible letters and shall be visible and installed on a non-combustible post. H. Any outbuildings or additional buildings shall adhere to the same standards as structures. Access: A. Access roads shall be built to County Standards. Utilities: A. Utility lines shall be buried. 4. Outside illumination shall comply with County lighting standards in effect at the timeof building permit issuance. 5. The Applicant shall comply with the following wildlife mitigation measures: a. Fencing shall comply with the Pitkin County fencing requirements. b. All garbage/trash shall be kept within bear -proof garbage containers. c. Dogs are prohibited. d. All structures shall be setback from the edge of the bench so they are not visible from Kline Creek. 111111 1111 IIIIIII 1111111111111 11111 430753 05/06/1999 01:25P RESOLUTI DAVIS SILVI 4 •f 7 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO Resolution No. 99-1/ Page 5 6. 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. Confine cuts, fills, grading and excavation to the minimum area needed for construction. 7. Prior to the submittal of any building permit applications, the Applicant shall obtain a septic permit from the Environmental Health Department. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved building envelope. 8. Prior to the submittal of any building permit applications, the Applicant shall provide documentation of an adequate domestic water supply on the property. In addition, the Applicant shall submit information which documents the location of the well in relation to the proposed septic system. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. The well site shall be located within the approved building envelope. 9. No development, including grading, landscaping (including berming) and vegetation removal or disturbance shall occur outside of the designated building envelope, except for utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. 10. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 11. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit (if necessary). 12. Prior to the submittal of any building permit applications,an access permit is required from the County Engineer. 13. Prior to the issuance of an access permit, the Applicant shall submit a road improvement plan to the County Engineer for approval. The improvements shall raise the standard of the road with a minimal amount of environmental dama&e. 14, The required road improvements shall be completed and approved by the County Engineer, prior to the submittal of any building permit applications. IIIIII IIIII 111111 II 111111 III 11111111 430753 06/06/1999 01:25P RESOLUTI DAVIS SILVI 5 of 7 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO Resolution No. 99- 7 Page 6 15. The Applicant shall participate in the Redstone Ranch Acres Subdivision Road Improvements District, as it presently exists. If this District is not functioning at this time, the Applicant shall join such an improvements district or association, should one be formed. 16. The Applicant shall comply with the codes and requirements of the Carbondale and Rural Fire Protection District. 17. The primary residence shall be limited to 1,200 square feet of above grade floor area, as defined in the Pitkin County Land Use Code at the time of building permit issuance. Subgrade space shall be no greater than the footprint of the primary structure. The garage and accessory buildings shall be limited to a cumulative total of 750 square feet of above and/or below grade floor area. 18. Development of 30 inches above or below grade within the required setback requires approval of a variance by the Board of Adjustment. 19. The vested rights for the approval contained herein shall expire on April 14, 2002. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 13TH DAY OF MARCH 1999. APPROVED AND ADOPTED ON THE 14TH DAY OF APRIL 1999. VESTED RIGHTS NOTICE PUBLISHED ON THE / DAY OF MA- y ,1999. ATTEST: \ et I. AMA/ Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, Coun orney Case #P8-99 PID #2729-293-00-018 carevmW4Po6/99 BOCC OF COUNTY COMMISSIONERS 7PITKIN COUNTY, LORADO QCVO lrfbIC Leslie J. Lamont; Chair Date: J 77 APPROVED AS TO CONTENT: Cindy Houben, Community Development Director IIIIII 11111111111 IIII IIIIIII III 111111I III IIIII IIII IIII 430753 05/06/1999 01:25P RESOLUTI DAVIS SILVI 6 of 7 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO / 99-1/ Order Number: 00021332-c2 EXHIBIT A LEGAL DESCRIPTION A parcel of land situated in the SW 1/4 of Section 29, and the N 1/2 of the WW 1/4 of Section 32, Township 10 South, Range 88 West of the 6th P.Y.., County of Pitkin, State of Colorado, being more particularly described as follows: Beginning at the Southeast Corner of said N 1/2 NW 1/4 of Section 32; thence Westerly along the South line of said N 1/2 NW 1/4 750 feet, more or less, to the centerline of Big Kline Creek: thence Northerly along the center line of Big Kline Creek 1,365 feet, more or less, to the North line of said N 1/2 NW 1/4; thence Westerly along said North line of said N 1/2 NW 1/4 6I0 feet, more or less, to the Southeast Corner of a tract of land referred to as Tract No. 6 and particularly described in Warranty Deed recorded in Book 306 at Page 811 of the Pitkin County records; thence North along the East line of said Tract 6, 474.29 feet to the Northeast Corner of said Tract 6, which point is coincidental with the Southeast Corner of Tract; thence North 22 degrees 46 minutes 43 seconds East 164.50 feet along the Easterly line of said Tract 5 to the Northeast Corner of said Tract 5 which point is coincidental with the Southwest Corner of the South end of Bobcat Lane as established and dedicated in the filing of Redstone Ranch Acres Subdivision No. 3; thence Northeasterly 30 feet along the Southerly end of said lane to the Northeasterly corner thereof; thence Easterly 310 feet more or less to the center of Big Kline Creek; thence Southerly along the center line of Big Kline Creek 570 feet, more or less; thence North 65 degrees 0 minutes 0 seconds East 1005 feet, more or less to the East line of the SW 1/4 of said Section 29; thence South along said East line of Section 29, 1869.5 feet to the point of beginning. County of Pitkin, State of Colorado 111111 11111 111111 1111 1111111 III 1111111 III 11111 I111 1111 430753 05/06/1999 01:25P RESOLUTI DAVIS SILVI 7 of 7 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO