HomeMy WebLinkAboutbocc.res.010.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, RESCINDING HEARING OFFICER DETERMINATION NO. 99- 2 l AND
GRANTING APPROVAL OF THE MENARDI 1041 HAZARD REVIEW AND CONCEPTUAL
SUBMISSION
Resolution No. 99- 10
RECITALS
l . The Board of County Commissioners ("BOCC") of Pitkin County, Colorado makes the
following findings:
A. Peter Menardi ("Applicant") is the owner of the subject property referred to as Tract36,
Swiss Village Subdivision. The Swiss Village Subdivision is located in the Crystal River area,
approximately 7 miles north of Redstone. The Swiss Village Subdivision plat was filed November 20, 1967
in Plat Book 3 at Page 256, Pitkin County, Colorado.
B. On September 22, 1999, by Determination No. 99- a I , the Pitkin County Hearing Officer
denied the Menardi 1041 Hazard Review and Conceptual Submission application because the entire
buildable are of the property is encumbered by severe wildfire hazard. Pursuant to section 3-80-060 of the
Pitkin County Land Use Code ("Code"), development of the subject property is prohibited in areas identified
by the Colorado State Forest Service as containing severe wildfire hazard.
C. The Applicant applied to the BOCC for a takings determination hearing pursuant to section
4-150 of the Code. The Applicant contended that the Menardi Land Use application denial constituted a
taking of private property without just compensation.
D. On October 19, 1999, at a regularly scheduled meeting, the BOCC considered the evidence
and testimony presented by the Community Development Department and the Applicant on the issue of
whether the land use application denial effected a compensable taking of private property.
E. After considering all of the evidence and testimony presented and made a part of the
record, the BOCC determined that:
1) 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 that completely avoids
severe wildfire hazard;
2) The BOCC finds that the property is not appropriate for any use other than residential
development; and
3) The BOCC 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 rescind Hearing Officer Determination No. 99-a 1 .
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NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby grant approval to the Menardi 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 adhere to all material representations made in the application and public
meetings.
2. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch
mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land Use Code. The
building envelope shall be amended to comply with the required property setbacks (30' front yard
and 10' rear and side yard setbacks). The site plan shall also be submitted in a digital format for
integration into the County Geographic Information System (GIS)
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.
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 (i.e. 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 for a distance of 30 to the sides and uphill and 50
feet downhill of all structures 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. The height of this fuel is 10-15 feet.
Therefore, the clumps allowed to remain should be no larger than 20 feet with a
corresponding cleared area.
4. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of
6 feet or half the total height whichever is least 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.
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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 80 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 shall have a Class A, non-combustible roof system. Wood shake/shingle roof
covering and flat roofs (up to a 3:12 pitch) are prohibited in all wildfire hazard areas.
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 (including but not limited to exterior
balconies, decks, porches, cantilevered floor projections, and bay windows which
extend over a flat or sloped surface) the open space between grade and the
underside of projections below the roof line 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, or heavy timber or log wall
construction, if the underside of the projecting portion is covered with materials
approved for one hour fire resistive construction and if there are no inside angles
of less than 75 degrees. 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.
D. Windows and Glass- Glazed openings shall be provided with close -able, solid, exterior
non-flammable shutters or shall be tempered glass.
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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 (including firewood/wood piles) shall be stored on a parallel
contour a minimum of 15 feet away from any structure.
Miscellaneous:
A. Fences shall be kept clear of brush and debris.
B. Wood fences shall not be connected to the structure.
C. Fuel tanks shall be installed underground with an approved container.
D. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher.
E. Addresses shall be clearly marked and visible with minimum 2" 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.
F. Any outbuildings or additional buildings shall adhere to the same standads as structures.
Utilities:
A. Utility lines shall be buried.
4. No development, including grading, landscaping, berming, entry or ranch gates, and vegetation
removal or disturbance shall occur outside of the designated building envelopes, except for utility
and driveway extension and maintenance, and as may be necessary to implement the wildfire
mitigation measures required elsewhere in this document.
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5. 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.
6. Prior to the submittal of building permit applications, a fireplace/woodstove application must be
filed and approved by the Community Development Department prior to the issuance of a building
permit (if necessary).
7. Prior to the issuance of any building permits, 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. The Applicant shall provide documentation of an adequate domestic water supply on the property
once the well is installed. 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 or a site to be approved by the Community Development Department.
9. The Applicant shall comply with the all codes and requirements of the Carbondale and Rural Fire
Protection District.
10. The Applicant shall obtain an access permit from the County Engineer, prior to the issuance of a
building permit. Access road(s) shall be built to County Standards.
11. Lighting shall comply with the Pitkin County lighting standards at the time of installation.
12. The Applicant shall comply with the following wildlife mitigation:
A. Dogs shall kenneled. The kennel shall be constructed prior to Certificate of Occupancy.
B. All garbage shall be kept in bear proof garbage containers.
C. If fencing is necessary, fencing shall comply with the amended Pitkin County fencing
requirements at the time of installation.
D. Native vegetation shall be preserved inside and outside of the building envelope with the
exception of any thinning and spacing required to accommodate wildfire mitigation.
13. For any free market residential structure of 5,000 gross square feet or greater, the Applicant shall
comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan,
which requires the Applicant to provide construction trip and residential trip generation studies.
The Applicant shall comply with this provision as it is in effect at the time of building permit
issuance to the satisfaction of the County Engineer.
14. The vested rights for the approval contained herein shall expire on October 13, 2002.
APPROVED ON THE 13TH DAY OF OCTOBER 1999.
VESTED RIGHT NOTICE PUBLISHED ON THE 3Y DAY OF 0 CT , 1999.
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ATTEST:
e R. Dean,
Clerk to the Board
APPROVED AS TO FORM:
John Ely,
County iartififney
Case #P92-99
PID #2649-291-02-013
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY .,COLORAAO
Leslie J. Lamo
Chair
Date:
APPROVED AS TO CONTENT:
/c.z/ 97
Cindy Houben,
Community Development Director
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