HomeMy WebLinkAboutbocc.res.116.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING APPROVAL OF A THREE YEAR REINSTATEMENT OF THE
VESTED REAL PROPERTY RIGHTS FOR THE CAPITAL CREEK LAND LLC PROPERTY
Resolution No. 99 -//(p
RECITALS
Capitol Creek Land LLC ("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.
The parcel is zoned RS-30 and contains 360 acres.
3. The property is located on Capitol Creek Road eight and one half miles from the Capitol Creek
Road and Snowmass Creek Road intersection. See `Exhibit A' for a legal description of the
property.
4. The BOCC heard this application at a duly noticed public heating on September 22, 1999, at which
time evidence and testimony were presented with respect to this application.
5. The BOCC has determined that the requested vested rights reinstatement meets the criteria
established in Section 4-140-30 of the Land Use Code.
6. The reinstatement of vested property rights for the Capitol Creek Land LLC for three years includes
the right to construct a single family residence and accessory structures not exceeding 7500 square
feet of floor area calculated pursuant to the Pitkin County Land Use Code in effect at the time of
building permit issuance.
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 Capitol Creek Land LLC 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 Applicant shall comply with the provisions of Resolution No.96-243 (Exhibit B) unless
otherwise replaced or amended by the conditions of this approval.
3. The Applicant shall comply with the following wildlife impact mitigation conditions:
A. Fencing outside of the building envelopes must comply with currentPitkin County Fencing
Guidelines.
B. The Applicant shall install an approved bear -proof trash container and all trash shall be kept
in it.
1 A bear -proof trash container must be a fully enclosed steel container of
any size with a steel lid that has a 2-step opening mechanism. Approval is
granted by the Pitkin County Wildlife Biologist or personnel of the Colorado
Division of Wildlife.
1111111111111111111111111111111111111111111111111111111
436618 10/14/1999 01:35P RESOLUTI DAVIS SILVI
1 of 10 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO
Resolution 99-_I 14
Page 2 of 3
3. Noxious weeds shall be managed on the open property as per the Pitkin County Weed Management
Plan, available at the Pitkin County Land Management Department.
4. All development on the property shall meet all codes and requirements of the Basalt and Rural
Fire Protection District.
5. Roofs shall have a Class A, non-combustible roof system. Flat roofs (up to a 4:12 pitch or the
pitch allowed by the Land Use Code at the time of building permit issuance) and wood shake
shingles shall be prohibited.
6. The vested rights for the Capitol Creek Land LLC property, pursuant to the terms and conditions
of the approvals previously granted by Pitkin County and the additional conditions set forth
herein, shall expire on September 22, 2002.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 24TH DAY OF
AUGUST 1999.
APPROVED AND ADOPTED ON THE 22ND DAY OF SEPTEMBER 1999.
VESTED RIGHTS NOTICE PUBLISHED ON THE /G DAY OF OCT ,1999.
ATTEST:
4iamis,444/DCe "I, )640
D€puty Clerk and Recorder
APPROVED AS TO FORM:
Jo
City Attorney
Case #P113-99
PID #2647-263-00-031
carevm 109/ 15/99
Cindy IThuben,
BOCC OF COUNTY COMMISSIONERS
OF,?ITIWIN COU,VTY, COLORAD
Leslie J. Lam
Chair
Dated__' 2 Ng
7
APPROVED AS TO CONTENT:
i
' i V/6,9?
Community Development Director
I IIIII111111 "III1 111111111111111111111 1 111111 II11 I"I
436616 10/14/1999 01:35P RESOLUTI DAVIS SILVI
2 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
,J4_17 .09-97 08:09A
fy-//6
P.09
I hill\ IIIII 111111 I1111 IIII 111111 IIIa 1111111111111
405546 08/24/1887 10 31R RESOLUTION
8 of 8 R tee D 0.00 N 0.00 PITKIN COUNTY CLERK
EXHIBIT A
IN TOWNSHIP 9 SOUTH, RANGE 87 WEST OF THE 6TH P.M.
SECTION 26: NW1/4
W1/2NE1/4
SECTION 23: S1/2SW1/4
SW1/45E1/4
Together with a 40 foot non-exclusive easement and right of way for
access purposes over and across the existing roadway through a tract
of land described as the S1/2NW1/4 and the SW1/4NE1/4 Section 25, Lot
9, Section 23 and Lots 1 and 2 Section 26 all in Township 9 South,
Range 87 West of the 6th P.M., provided that said roadway shall not
be materially changed or altered or trees removed without the consent
of the owner of said property.
and together with a non-exclusive easement or right of way for access
purposes as retained by Grantor in Deed to Grace Huffman recorded in
Book 251 at Page 910 of the Pickin County records.
400881
01/14/1997 01:50P PG 8 OF 8
1111111111111111111111111111111111111111111111111111111
438818 10/14/1989 01:35P RESOLUTI DAVIS SILVI
3 of 10 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO
.lu 1 -09-97 OB:OBA
I 111111 11111111111 11111111111111116. 1111111111111111 Exhibit B
405646 06/24/1997 10.31R RESOLUTION
1 of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING APPROVAL OF TIIE MAURIN 1041
HAZARD REVIEW
Resolution No. 96- fY3
RECITALS
R ' f9
Dwight Maurin (hereafter`'Applicant") has applied to the Pitkin County Board of
County Commissioners (hereafter `Board") for consideration of 1041 Hazard Review for
the construction of a single family residence and on a 360 acre parcel located eight and
one half miles from the Capital and Snowmass Crcck Road intersection, more specifically
described in Exhibit "Al
3. As part of a 1980 Court settlement of the George Maurin Estate, the subject parcel
was covenanted in perpetuity against further subdivision, and limited to agricultural uses.
A 1990 Court stipulation finds that the term, "agricultural uses" in this case includes the
right to construct and occupy one single family residence and attendant accessory uses
and outbuildings consistent with residential occupation and agricultural use of the
property.
4. Having reviewed the application at a regularly scheduled public meeting on April
2, 1996, the Planning Commission recommended approval of the request to the Board of
County Commissioners,
5. The Board considered the request at its regularly scheduled meetings on June 12
and August 14, 1996, at which time evidence and testimony we e p esented with respect
to this application.
P 02
111E11 1E11 1E111 1111111111 0111111111M 11111
436616 10/14/1999 01:35P RESOLUTI DAVIS SILVI
Exhibit 1
4 of 10 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO
Jul-09-97 08:08A
11111111111111111111111111111111E.111111111111111111
405546 06/24/1997 10 31A RESOLUTION
2 of 8 R 0,00 D 0,00 N 0,00 PITKIN COUNTY CLERK
15
1�
X: If- //6
6. The Board found the request to be generally in compliance with applicable
sections of the Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of
County Commissioners that it does hereby grant 1041 Hazard approval subject to
compliance with the following conditions:
1. The Applicant shall adhere to all material representations made in the application
and in the public meetings.
2
Prior to building permit application, the Applicant shall record a 24 x 36 inch mylar
1041 hazard Review Site Plan which meets the approval of the Planning Office and
County Attorney. -
a. The site plan shall include the following 1041 Hazard Review Warning and
Disclaimer:
"The provisions of these regulations do not in any way assure or
imply that areas outside of designated hazard areas will be free from
hazards, or that approved mitigation measures will guarantee the
safety of any property."
b. Prior to recording of the Plan, the building envelope shall be modified as
necessary to provide a minimum of a 100 Coot setback from the edge of slopes on
the north. east and south ends of the envelope. The envelope shall he reduced to a
size of approximately eight acres to ensure the preservation of some of the mature
Aspen Forest on the Ridgetop. The envelope shall be modified to eliminate all
slopes averaging more than 15% in grade. A water well only, may be located within
the 16 acre "well envelope" designated on the site plan Roads existing within that
envelope as of the date of this approval shall be identified on the recorded site plan.
No new roads shall be constructed within the well envelope (to accommodate the
well improvement or for any other reason).
3. Building foundations shall be reviewed and certified by a Colorado registered
professional engineer. Foundation plans shall be submitted at the time of building
permit application.
The Applicant shall obtain an access permit from the County Engineer prior to
commencement of any surfacing or widening improvements to the access drive on
private property. Improvements to the section of' Capitol Creek Road from the point
to which the County currently maintains and snowplows the Road to the applicant's
P.03
11111 Mil 0111111111 ill 11111 11111111
436616 10/14/1999 01:35P RESOLUTI DAVIS SILVI
3 of 10 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO
Jul-O9-97 08:O8A
,4: 99-ii6
P.04
1111111IIIII IIIIII IIIII IIII IIIII i1i�11III IIIII IIII IIII
40W046 06/24/1997 10:31R RESOLUTION
3 of 0 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
driveway may be made, and/or plowing may occur strictly in accordance with an
executed Road Improvements and Maintenance Agreement between the applicant
and Pitkin County which shall be recorded by the applicant (his assigns, or heirs) in
the Clerk and Recorders Office prior to issuance of an access permit, and/or within
six months of the recording date of this resolution, whichever occurs first.
5. The Applicant shall submit a drainage and erosion control plan which meets the
approval of the County Engineer. prior to the issuance of a building permit. In
addition to addressing permanent drainage and erosion control measures, the plan
shall include temporary erosion control, measures for construction to prevent soil
and sediment from impacting Little Elk Creek.
6. The building site shall he revegetatcd with native vegetation to limit water
consumption and additional runoff within one growing season of project
completion. All drainage from roofs and paved areas shall he detained on -site.
7. Outside illumination shall comply with County lighting standards in effect at the
time of building permit issuance.
8. The Applicant shall implement the following measures to mitigate impacts to
wildlife:
a. The keeping of dogs on site shall be prohibited_
h. All fencing shall be 42", 4 strand or less with a l2" kickspacc
between the top two strands. Any rail fencing shall be 42", 3 rail or
less with at least 18" between the top two rails. Fencing outside of
the building envelope shall be permitted only for the purpose of
keeping livestock out of the property. Such fencing shall comply
with Division of Wildlife fencing standards.
c. Vegetation outside of the building envelope shall be kept in its
natural state, except as disturbance is necessary for compliance with
wildfire mitigation measures stipulated as part of this approval.
d Bear -proof garbage containers or shed shall be utilized to contain
garbage on -site. Such containers shall be on -site prior to issuance of
a certificate of occupancy for the residence.
e. Construction shall be prohibited during elk calving season and in no
case shall occur prior to June 20th of any year.
f. No development, including grading or landscaping or vegetation
removal shall occur outside of the approved building envelope
except as may be necessary to implement the wildfire mitigation
measures identified elsewhere in this document.
9. Prior to issuance of a building permit, the Applicant shall provide documentation of
an adequate domestic water supply. Quantity and quality of said supply shall meet
the approval of the Environmental Health Department.
I 111111 11111 111111 11111 11111 1111 1111111 III 11111 1111 1111
438616 10/14/1999 01:35P RESOLUTI DAVIS SILVI
6 of 10 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO
Jul-•09-97 08:O8A
-/: 99-//6
P _ 05
1111111111111111111111111111111115111111111111111111
405648 06/24/1997 10 31fl RESOLUTION
4 of 6 R 0.00 D 0.00 N 0,00 PITKIN COUNTY CLERK
10. The septic system for the development shall meet the approval of the Environmental
Health Department. The Applicant shall obtain such approval prior to the issuance
ofa building permit.
11. The Applicant shall tile a fireplace/woodstove permit with the Environmental
Ilealth Department, prior to the issuance ofa building permit (if necessary).
12. The applicant shall comply with the following wildfire mitigation measures:
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 he
necessary where the natural vegetation pattems have already fulfilled these ,_
conditions.
1) All brush located downhill from the structure(s) shall be cleared for a
distance of 30-50 feet. Brush, debris, and non -ornamental vegetation shall
be removed within a minimum 10 foot perimeter around the remaining
sides of strueture(s).
2) Vegetation shall be reduced to break up the vertical and horizontal
continuity of the fuels a minimum ofa 30 foot perimeter around a
structure built on flat ground. (For greater slopes ref. CSFS Safety Zone
chart. Page 13, Wildfire Guidelines For Rural Homeowners).
3) Spacing between clumps of brush and vegetation within the 30 foot
perimeters 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 perimeters shall have a minimum
of 10 feet between the edges of the crowns.
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 fuels within a 100 foot perimeter of the structures shall he
reduced where natural reduction has not already occurred.
8) All deadfall within the 100 foot perimeter shall be removed.
1111111 11111
436616 10/14/1996 01:35P RESOLUTI DAVIS SILVI
7 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
.Jul-09-97 08:O9A
P-06
111111111111111111 11111 IIII Iillli 111111 III 11111 IIII I111
405646 06/24/1997 10 31P RESOLUTION
S of 8 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
9) The applicant shall he responsible for the continued maintenance of the
defensible space vegetation requirements.
b. Structural Design and Construction Requirements:
1) Roof construction shall be Class A, non-combustible (no wood
shake/shingles) material with no flat roofs.
2) Vents shall be screened with corrosive resistant wire mesh with mesh 1 /4
inch maximum.
c. The following maintenance measures shall be adhered to:
1) Roofs and gutters shall be kept clear of debris.
2) Yards shall be kept clear of all litter, slash, and flammable debris.
3) All flammable materials shall be stored on a parallel contour a minimum
of 15 feet away from any structure.
4) Weeds and grasses within the 10 foot perimeter shall he maintained to a
height not more than 6 inches.
d. The following miscellaneous measures shall be adhered to:
1) Firewood/wood piles shall be stacked on a parallel contour a minimum of
15 feet away from the structure.
2) Swimming pools shall be accessible to Fire Department vehicles.
3) Fences shall be kept clear of brush and debris.
4) Wood fences shall not connect to the structure.
5) Any outbuildings or additional structures shall adhere to the same
standards as structures.
6) Fuel tanks shall be installed underground with an approved container.
7) 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 app oved for 2 hour fire -resistive
construction on the cxter or side of the wall .
1111111111111111111111111111111111111111111111111111111
436616 10/14/1999 01:35P RESOLUTI DAVIS SILVI
8 of 10 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO
.Jul-•09-97 08:09A
,Q: 99-//,‘
P.07
i llllll 11111 1E11111111 IIII Illlll lllili 1111111111111111
408646 05/24/1997 10:31A RESOLUTION
6 of 6 R.0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
8) Each structure shall have a minimum of one 10 pound ABC fire
extinguisher which shall be placed in each structure in a visible and
accessible location.
9) Addresses shall he clearly marked with 2 inch non-combustible letters and
shall he visible and installed on a non-combustible post.
e. Water Supply:
When access to a public or private pressurized water system is not
available or if it is necessary to augment fire protection water systems.
private ponds may he used if approved by Pitkin County and the local fire
protection district.
2) A 10,000 gallon water storage tank shall he accessible to fire department
vehicles from the exterior of the structure through a Fire Department
approved mechanism (such as a fire hydrant). Photo documentation oFthe
underground tank shall be submitted to the Building Department, prior to
the issuance of occupancy permits.
3) The residence shall contain a functioning interior sprinkler system.
13. Residential floor area (including principal and accessory structures) shall be limited
to 7,500 square feet as calculated pursuant to the Pitkin County Land Use Code in
effect at the time of building permit issuance.
14. No utilities shail be extended to this property without further review by the
County.
2t 15. This approval shall be subject to the Applicant obtaining a Special Use Permit`
from the Forest Service for use of the Forest Service Road providing access to this
site; tt/nd obtaining a pe anent access easement from the owner of the adjacent
,1 property to the south. The applicant shall also provide an access easement to the
property owner to the south for use of the road on the Maurin parcel accessing the
cabin on the adjacent property to the south.
16. Structures shall be deigned to blend in with the surrounding natural landscape.
Roof materials shall be non -reflective.
APPROVED AND ADOPTED ON THE 14TH DAY OF AUGUST, 1996.
1111111111111111111111111111111111111111111111111111111
438616 10/14/1999 01:3SP RESOLUTI DAVIS SILVI
9 of 10 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO
,Jul-.09-97 08:09A
P.08
11111111.1111111111111111111111111111111 III 1111111111111
408046 00/24/1997 10 31R RESOLUTION
7 of 8 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CLERK
Je .' ette Jones, D:4Tuty Clerk & Recorder
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
BOARD OF COUNTY CO$• ISSIONERS,
PITKTN COUNTY, COL
BY Bill Tuite Chairmann
DATE �1, q
APPROVED AS TO FORM:
John Ely, Co. Attomcy
1111111111111111111111111111111111111111111111111111111
438616 10/14/1999 01:35P RESOLUTI DAVIS SILVI
10 of 10 R 0.00 0 0 00 N 0.00 PITKIN COUNTY CO