HomeMy WebLinkAboutbocc.res.015.2011 RECEPTION #: 579591, 05/03/2011 at
08:30:57 AM,
1 OF 7, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO GRANTING APPROVAL FOR THE FINKLE ACTIVITY ENVELOPE REVIEW,
RURAL/REMOTE SPECIAL REVIEW AND GMQS EXEMPTION
Resolution No. -2011
RECITALS
1. Sarah Finkle (hereafter referred to as "Applicant ") has applied to the Board of County
Commissioners of Pitkin County, Colorado ("BOCC") for Activity Envelope Review, Special
Review to construct a driveway and to vary the maximum size of an Activity Envelope in the Rural
and Remote Zone District, and GMQS Exemption.
2. The parcel is located at the junction of Little Annie and Richmond Ridge Roads, and is more
specifically described in Exhibit A.
3. The parcel is zoned Rural/Remote and contains approximately 4 acres.
4. The BOCC granted Activity Envelope, Special Review and GMQS Exemption approval, pursuant to
Resolution No. 076 -2007. The Activity Envelope Plan was recorded in Plat Book 87 at Page 22.
The vested rights expired in 2010, and the Applicant is requesting the same approval at this time.
5. The Applicant has demonstrated that the parcel was legally created prior to June 12, 1978 and is
exempt from GMQS for a 1,000 square feet cabin. The parcel is currently vacant.
6. Applicant hereby acknowledges that the roads commonly known as the Little Annie Road and
Richmond Hill Road in their present width and alignment as they traverse the property owned by
the Applicant have historically been used by the public and Applicant will not obstruct a
continuation of such historic use by the public.
7. The Board heard the request at a duly noticed public hearing on January 26, 2011, at which time
evidence and testimony were presented with respect to this application.
8. The parcel is: (1) not mapped within any elk or mule deer range; and (2) within a low /medium
wildfire hazard area and the hazard can be mitigated.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that
it does hereby approve the Finkle Activity Envelope Review, Rural/Remote Special Review, and GMQS
Exemption, 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 current or prior applications or in
public meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2. The Applicant shall be required to submit for approval an application for Site Plan Review, pursuant
to Secs. 2 -30 -20 and 7 -10 -50 of the Code, prior to submission of a building permit application.
Approval of this activity envelope does not ensure approval of site plan review. Building setbacks will
be established through the Site Plan Review.
Resolution No.015 2011
Page 2
3. The parcel is exempt from growth management up to 1,000 square feet plus additional floor area as
allowed in the Rural/Remote zone district pursuant to the Code.
4. Prior to submission of any future permit applications, the Applicants shall be required to submit for
approval by the County Attorney and Community Development an Activity Envelope in accordance
with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The above referenced
approvals shall be a condition precedent to finalization and recordation.
5. Prior to issuance of a building permit to construct the cabin, the Applicant shall:
A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and
fire protection purposes, and for irrigation purposes, if applicable.
B. Complete a fireplace /woodstove registration form with the Community Development
Department, if necessary.
C. Submit a drainage and erosion control plan for review and approval by the Planning Engineer.
D. Submit a construction management plan for review and approval by the Planning Engineer.
E. Pay the applicable road and employee housing impact fees.
F. Obtain a permit from Environmental Health and Natural Resources to construct a new on -site
wastewater disposal system.
G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall
specify the native seed mix to be used, the rate at which it will be applied and the method of
cover.
H. Submit a landscaping and tree removal /mitigation plan.
1. Submit for and obtain an access permit to improve the existing two -track trail to current County
standards, if required.
6. The Activity Envelope shall be limited to 3 /< acre or 32,500 square feet.
7. The driveway shall remain on the existing two -track jeep trail for access to the future cabin and shall
meet the minimum standards for a driveway in Rural/Remote as specified in the Asset Management
Plan. The driveway shall not be maintained during the winter. If an extension of utilities is approved
in the future through Special Review, the utilities shall be buried in the driveway. The driveway
layout shall be staked in the field and reviewed and approved by the Planning Engineer, prior to
commencement of construction.
8. No structural development in excess of 30" above or below natural grade shall occur within the
setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above
or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from
the most restrictive grade.
9. An erosion control and drainage plan shall be submitted to and approved by the Planning Engineer
prior to submittal of building plans.
10. Retaining walls greater than four feet in height shall be supported by appropriate engineering and
reviewed and approved by the County engineer.
11. The Applicant has obtained a wildfire report from a County certified wildfire expert who has designated
the parcel as a low /medium wildfire hazard. The Applicant shall adhere to the following medium
wildfire standards:
2-
Resolution No.OK -2011
Page 3
A. Vegetation Management
1) All buildings shall be constructed 100' from the edge of the southern slope.
2) Within 15 feet of all structures, natural grasses shall be maintained at a height of 6" or less.
Woody vegetation shall not be planted within this area. Firewood or other combustible materials
should not be stored within this area.
3) 15 feet to 30 feet from the cabin there shall be no woody plants or vegetation and the natural
grass shall be maintained at less than 6 ". Some Aspen trees are acceptable in this area. No brush
or shrubs shall act as ladder fuels.
4) For a distance of 100' down slope the grass should be maintained at less than 6" particularly the
area of grass leading down to Richmond Ridge Road.
5) For a distance of 115' from the stricture, the lower branches of the Spruce and Fir trees should
be trimmed to a height of at least 10' or 1/2 of the height of the tree whichever is less.
6) All deadfall within 150 feet of the structure shall be removed or chipped and spread.
7) Access: fuel breaks as recommended by a wildfire expert approved by the county may be
incorporated into the design of access roads or driveways.
B. Water Supply for Fire Safety
I) Individual structure water supply and storage shall be accessible to fire department vehicles
from the exterior of the structure through a fire department approved mechanism (such as a
fire hydrant). The lot shall have a minimum 20,000 gallon water storage tank (or alternative
approved by the Fire District).
2) In -house sprinkler systems that meet the standards of the AFPD and the adopted Building
Code shall be installed in all new buildings.
C. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire
expert has recommended a different method of construction, roofs and projections at or below
roof line shall be constructed according to the following specifications:
1) Roofing Materials: Class A covering or Class A Assembly as defined by the currently
adopted building code. No wood shakes or shingles.
2) Roof Venting: Soffit venting shall be located in the outer 1 /3` portion of the overhang.
Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum '/4"
openings.
3) Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or
Other: Sheath with non - combustible materials, or Combustible materials underlain with 5/8"
Type X gypboard or equal, or Minimum 4x6 rafters with 2x T &G decking.
4) Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: Minimum
6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction.
5) Other: Any methods approved for Severe Wildfire Hazard Areas may be used in Medium
Wildfire Hazard Areas.
6) Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire
Hazard Areas unless they comply with the following:
(a) All roof coverings shall be constructed of non - combustible materials and installed on
a Class A roof assembly.
(b) All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
(c) Protrusions above the roofline, such as parapets, shall be prohibited.
Resolution No.O /S -2011
Page 4
(d) Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
(e) All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshall prior to submittal of a building permit application.
D. Maintenance and Miscellaneous Requirements
1) Roofs and gutters shall be kept clear of debris.
2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth (A)
inch maximum.
3) Yards shall be kept clear of all litter, slash and flammable debris.
4) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet
away from any structure.
5) Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
6) Swimming pools and ponds shall be accessible by the local fire district.
7) Fences shall be kept clear of brush and debris.
8) Wood fences shall not connect to other structures.
9) Fuel tanks shall be installed underground with an approved container.
10) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on
a contour away from the structure with standard defensible space vegetation mitigation
around any aboveground tank. Any wood enclosure around the tank shall be constructed with
materials approved for two (2) hour fire- resistive construction on the exterior side of the
walls.
11) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
12) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be
visible at the primary point of access from the public or common access road and installed on
a non - combustible post.
12. The Applicant shall comply with the following general conditions regarding wildlife:
A. When existing native vegetation must be altered within the Activity Envelope, the Applicant may
be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan
may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to
that being removed to mitigate effects on wildlife species. Should there be no opportunity on the
property for habitat mitigation or restoration, off -site mitigation benefiting the same species may
be required, or financial mitigation may be paid into a County habitat mitigation fund should such
a fund be established in the future.
B. Manipulation of vegetation outside of the Activity Envelope is prohibited, except as required for
wildfire mitigation.
C. Mesh or woven wire fences are prohibited outside the Activity Envelope.
D. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top
view), and shall have at least eighteen (18) inches between the lower two (2) rails.
E. Wire fencing must be three (3) strands or less. The top wire should be a twelve - point -five (12.5)
gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands
(which may be barbed) should be located a minimum twelve (12) inches apart and from the top
wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen
(16) inches from the ground.
Resolution No.O(5 -2011
Page 5
F. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2)
to five (5) per acre whenever possible as nesting and perching habitat.
G. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the
Activity Envelope. This does not include pre- existing native trees and shrubs.
H. Development shall be clustered to the maximum extent possible to minimize impact on wildlife.
1. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or
otherwise managing wildlife.
J. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
K. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed
feeders shall include a seed catchment pan to catch discarded seed.
L. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
M. Pet food shall not be left outside.
N. All outside doors shall utilize only solid round handled door knobs unless another type is required
by the applicable Building Code for disabled accessibility purposes.
13. No development shall occur outside the approved activity envelope, with the exception of vegetation
removal necessary to comply with the wildfire mitigation measures described above and a garden of
not more than 2,500 square feet as outlined in section 3 -40 -20 of the Code. No structures shall be
permitted outside of the approved activity envelope.
14. Prior to commencement of any earthmoving or other construction activity, the Applicants shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
15. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one
growing season of the project's completion.
16. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
17. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
18. 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, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire
on January 26, 2014.
5
Resolution No. D(5 -2011
Page 6
NOTICE 01? PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 26th day of
December, 2010.
APPROVED this 26 day of January, 2011.
PUBLISHED AFf .R ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times
Weekly on the / y of Air , 2011.
BOARD OF COUNTY COMMISISONERS
OF PITKIN COUNTY, COLORADO
A ST:
_ _ 121 J4 ' /L By q
J-1 ' - Jones, Deputy C . Clerk
Rachel E. Richards, Chairwoman
Date g_t_72S_
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, - dy Houben,
County Attorney Community Development Director
Applicant accepts and agrees to all expressed conditions, recitals and findings contained in this
Res , tion, including representations about the road in Recital #6.
arch Finkle Date
PID# 2737 - 313 -00-049
P063 -10
EXHIBIT "A"
to
SPECIAL WARRANTY DEED
JOHN H. FIGI, JR., GRANTOR
SARA FINKLE, GRANTEE
A tract of land being a part of Mineral Surveys No. 6716 and 6978 lying in
Section 31, Township 10 South, Range 84 West of the 6th P.M., more
particularly described as follows:
Beginning at a point on a Line 1 -2 Mineral Survey No. 6716, being N.
76 ° 41' E. 251.78 feet from Corner No. 1 6716 (a 4" x 6" x 6" rock found in
place); thence N. 76 °41' E. 99.31 feet along Line 1 -2 MS 6716 to Line 3-4
MS 6978; thence N. 02 °10' W. 85.33 feet along Line 3-4 MS 6978; thence
N. 40 °49' E. 96.69 feet; thence S. 49 °11' E. 415.43 feet; thence S. 40 °49'
W. 429.31 feet being N. 23 °17' East 182.76 feet from Corner No. 4
Mineral Survey No. 6978 ( a 6" x 8" x 9" rock found in place); thence N.
49°11'W. 415.43; thence N. 40 °49' E. 187.53 feet to the point of
beginning, containing 4.00 acres more or less.
SUBJECT TO AND EXCEPTING: General taxes for 1998 payable 1999;
mineral reservations and rights -of -way for ditches and canals in United
States Patents in Book 136 at Page 5 and Book 240 at Page 140;
reservations of minerals, mineral deposits, mineral oils and natural gases
of every kind or nature as contained in Deed recorded in Book 221 at
Page 357; Mining Lease between Midnight Mining Company, a Colorado
corporation, and Ten Corporation, a Colorado corporation, recorded in
Book 293 at Page 180, and any and all assignments thereof, or interests
therein; Easement Agreement between Waddill Catchings, Jr., and
George Lorant and Jean A. Lorant as set forth in instrument recorded in
Book 255 at Page 129; Ski Easement across said property as reserved in
Deed recorded in Book 248 at Page 522, and Assignment to David Famy
recorded in Book 342 at Page 189, and Assignment to Little Annie,
Limited Partnership recorded in Book 342 at Page 400.
1111111 11111 111111111111 111111111111111111 11111 11111111
417030 06/19/1898 10:35A SPEC WD DAVIS SILVI
2 of 2 R 11.00 D 0.00 N 0.00 PITKIN COUNTY CO
a0 1 ' 2 ' 1 7