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HomeMy WebLinkAboutbocc.res.117.2001 III II II II IIIIII III IIIII II IIII IIIII I II I IIII III 0 57 z©7 02:OOP SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,FINDING A TAKING AND REMEDIATING THE TAKING FOR THE TIMROTH PROPERTY Resolution No.LLI-2001 RECITALS 1. Grant C. Timroth("Applicant") applied to the Pitkin County Hearing Officer("Hearing Officer") for 1041 Hazard Review and Conceptual Submission approval to establish a building envelope to construct a single-family residence and accessory structures. 2. The parcel is located above the Silverlode/Williams Ranch Subdivision on Lower Smuggler Mountain at the top of Spruce Street; is referred to as the northerly portion of the Pride of Aspen mining claim; and is more specifically described in Exhibit A. 3. The parcel contains 1.179 acres, is a non-confornung size parcel in the AFR-10 zone district, and is located outside of the Urban Growth Boundary. 4. The Board of County Commissioners(`BOCC")recognized in the 1990"Declaration of Restrictions"(recorded in Book 615 at Page 219)that the northerly portion of the Pride of Aspen(the subject parcel) was a separately developable parcel, "subject however to all of the provisions of the Pitkin County Land Use Code, including, but not limited to,the Building Permit Review and General Submission requirements." 5. The Hearing Officer denied the application at a duly noticed public hearing on April 17,2001, pursuant to Determination No.2_1-2001. 6. The Applicant submitted a request for a takings determination pursuant to Sections 3-290,4-150 and 5-220 of the Land Use Code on April 30, 2001 to determine whether the Hearing Officer's denial of the application constitutes a taking of private property without just compensation. 7. The BOCC considered the takings request at regular meetings on May 9 and June 13, 2001, at which time further evidence and testimony were presented with respect to the taking. Takings approved on June 13, 2001 and remediation resolution approved on July 11, 2001. Resolution No.d1-2001 I IIIIII illll llllll lli lllll lllllll illlll 111 Hill 111110Page:4572 of7SILVIA DPVIS PITKIN COUNTY CO I /2001 02.00P Page 2 R 0.00 D 0.00 8. The BOCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code,based on the following findings: A. There are not any areas on the property that are not encumbered by slopes in excess of 30%; B. There is no area on the property that is not encumbered by severe wildfire hazard; C. The proposed building envelope is the best possible location on the property for development; and D. The denial constitutes a taking of all reasonable use and economic return from the subject property. NOW,THEREFORE,BE IT RESOLVED by the BOCC that the denial of the Timroth 1041 Hazard Review and Conceptual Submission constitutes a taking pursuant to Sections 3-290 and 4-150 of the Pitkin County Land Use Code. BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval, subject to the following conditions,which shall run with the land and be binding on all successors in interest: I. Prior to submission of any earthmoving,access, or building permit applications,the Applicant shall submit a 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. 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 Applicant shall amend the site plan submitted as part of the original application as follows, prior to submission for recordation: A. Designate an access envelope in the area of the proposed driveway. B. Amend the signature block for the Board of County Commissioners instead of the Hearing Officer. 2. Prior to submission of any building permit applications,the Applicant shall: A. Submit an application and gain approval for a Scenic Overlay Review,pursuant to Section 3-60-040 of the Land Use Code,once plans for the proposed residence have been prepared. The application shall include a driveway plan with specifics on cut and fill and/or retaining structures and a detailed landscaping plan. The Applicant shall erect story poles to represent the height of the proposed residence,prior to the hearing date for the scenic overlay review. B. Submit documentation to the Environmental Health Department that the Aspen Consolidated Sanitation District(ACSD)can serve the property. The Applicant shall comply with ACSD rules, regulations, and specifications. C. Enter into a Water Service Agreement with the City of Aspen. 707 Page 3 I IIIIII IIIII IIIIII III IIIII IIIIIII IIIIII III IIIII IIII IIII 8/ 2000 02.00P Resolution No. -2001 Page: 3 of 7 g SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 D. Provide a plan prepared and signed by a Professional Engineer or geologist to address mitigation of the geologic hazards on and off-site during and post-construction,for review and approval by the County Engineer,Chief Building Official and Community Development Department. The plan shall specifically include an analysis of potential off- site hazards created by construction and reasonable mitigation for those hazards. E. Obtain an access permit for the driveway,which shall comply with all applicable County access standards and shall be approved by the County Engineer and the Community Development Department. A qualified engineer shall design a dip crossing, bridge or culvert across the drainage that is adequate to accommodate at least a 100-year flow. The permit shall include a detailed proposal to mitigate impacts to the steep slopes traversed by the access. F. Obtain fireplace/woodstove permits from the Community Development Department, if necessary. G. Submit a drainage and erosion control plan for review and approval by the County Engineer. The plan shall address all construction activities and shall provide for erosion control for a minimum of two years after the issuance of a Certificate of Occupancy, which shall include details on the types of erosion control and the maintenance of those systems, and a detailed revegetation and planting plan. H. Submit a Construction Management Plan in accordance to the Asset Management Plan for review and approval by the County Engineer. The Construction Management Plan shall indicate that vehicles associated with construction(i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of-way. 3. Prior to issuance of any building permit applications,the Applicant shall: A. Pay the applicable road impact fee. B. Name the owners of the properties below the building envelope(identified by Parcel Identification Numbers 2737-074-00-045,2737-074-30-006, 2737-074-30-007 and 2737- 074-30-008)as additional insured on their policy covering construction activity in the amount of the value of the improvement on each property, if deemed necessary by Community Development staff and the County Attorney, given the findings of the engineer or geologist with regard to the potential off-site impacts during construction. C. Execute an indemnification of the County in a form approved by the County Attorney. 4. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Fencing outside of the building envelope shall comply with the wildlife compatible fencing standards in the Land Use Code. B. Dogs shall be kenneled. C. Native vegetation shall be maintained outside of the building and access envelopes, except as necessary for the utility extension. Safety fencing shall be erected during construction to prevent inadvertent impacts to native vegetation. D. Install and use bear proof trash containers,as required by BOCC Ordinance No.010-2001. 5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: 57 4 I IIIIII IIIII III II III IIIII IIIIII IIIII III IIIII I II IIII 0 2000 02.00P Page. 4 of 7 Resolution No. -2001 PageSILVIP DPVI5 PITKIN COUNTY CO R 0.00 D 0.00 A. For a distance of 15 feet around all structures,maintain vegetation at a height of 6 inches or less with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be planted within this perimeter. Brush,debris,and non-ornamental vegetation shall be removed within this perimeter. B. Existing vegetation shall be thinned for a distance of 200 feet around all structures. Remaining oak/serviceberry clumps shall be no larger than twice the height of the existing plants. Spacing between clumps shall be four times the height of the clumps. C. The lower branches of all shrubs shall be removed up to half the total height of the plant. D. The Applicant shall be responsible for the continued maintenance of the defensible space requirements. 6. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall have a Class A,non-combustible roof system. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: 1) All roof coverings shall be noncombustible materials as defined in the Uniform Building Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets,shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. 5) All roof designs,coverings,or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shall be kept clear of all litter,slash,and flammable debris. E. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. 1. Fuel tanks shall be installed underground with an approved container. J. 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. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. M. Utility lines shall be buried. 7. The Applicant shall submit a lighting plan specifying the location,type and number of exterior fixtures and demonstrating compliance with the County's lighting regulations,for review and 4707 Resolution No.a_2001 111111111111111111111111111111111111111111111111111111111 0857 5 of 02:o0a Page 5 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 approval by the Community Development Department,prior to installation of exterior lighting fixtures. 8. No development, including grading,excavation,fill placement,berming, landscaping,vegetation removal or disturbance, shall occur outside of the approved building and access envelopes. Exceptions to this prohibition include utility extensions, required wildfire mitigation, andplantings found to be necessary to mitigate geologic hazards, subject to a landscape plan reviewed and approved by the Community Development Department. 9. 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. 10. The Applicant shall use exterior materials that"blend in"with the surrounding natural landscape. Non-reflective exterior,roof and window materials shall be utilized. 11. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District. 12. The total allowable floor area shall be limited to a maximum of 5,750 square feet of floor area, as measured pursuant to the definition of"Floor Area" in effect at the time of building permit submittal,or such further limitation as may be required by the City of Aspen in association with a water service agreement. The Applicant shall not be eligible to compete or to utilize TDRs in order to obtain additional floor area in excess of 5,750 square feet. 13. The Applicant shall comply with the following measures to mitigate geologic hazards: A. Site specific soils testing shall be conducted prior to foundation design to ensure stability. B. Excavations, including foundations, shall be adequately supported with or designed as retaining walls,with appropriate drainage on the upslope side. C. Cuts, fills and other excavations shall be minimized,steepening of existing slopes shall be avoided,and all disturbed areas not covered by construction shall be graded so that they can be revegetated. D. Final grading and landscaping shall prevent rolling rocks from striking the structure. E. The first three feet of the structure that extends above grade shall be reinforced and openings in this interval shall be limited. F. Adequate mechanical support shall be provided for cut slopes. G. Adding water,which may decrease slope stability,shall be avoided. H. Adding weight to the top of the slope shall be avoided. 1. Confine,cut,fills,grading and excavation to the minimum area needed for construction. 14. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 15. This approval and takings remediation shall be valid for three years from this date and thereafter any development on the property must comply with these conditions and any subsequent changes to the County Land Use Regulations. APPROVED AND ADOPTED on the I Ith day of July,2001. Resolution No/1 Z 2001 Page 6 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY,COLORADO By - Michael C. Ifeland,Chair ATTEST: z4o/ vn dee X. Dean, Clerk to the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: Cindy Houben ly Community Development Director County Attorney PID#273707400002 1111111IIIII11111111111111111111111111 IIIIIIIIIIIII 457 6 of 07 7 SILVIA DAVIS PITKIN COUNTY8/17/2001 02:0 CO c0 R 0.00 0 0.00 OP NOV. 21. 2000 9: 28AM PITKIN COUNTY TITLE NO. 1583 P. 3/7 EXHIBIT "A" LEGAL DESCRIPTION A tract of land located in the Northeast '/, and the Southeast Y,of Section 7, Township 1P South, Range 84 West of the 61h Principal Meridian, being a portion of the Pride of Aspen Lode Mining Claim U.S.M.S. No. 7883 and the Ballarat Lode Mining Claim U.S.M.S. No. 4438 described as follows: I Beginning at a point from which the Center East 1/16 Comer of Section 7, Township 10¢outh, Range 84 West of the 6th Principal Meridian bears N 01°32'48"E 5.47 feet: thence N 75"41'10" E 49.08 feet(record N 75035' E 49.63 feet): thence N 75437'15" E 140.73 feet; thence S 00°17'31" W 217.49 feet: I thence S 00021'42"W 25.69 feet(record S W05' W 25.74 feet); thence S 56"19'40"W 219,53 feet(record 56"08.T W 219.78 feet); thence N 00"00'56" E 317.80 feet(record N 00401.9'W 311.85 feet)to the point of begl Ining. II 1 IIIIIIIIII IIIIIIIII IIIII IIIIIII IIIIII III IIIII IIIIIIII 08/72�7 02:00P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 i I I f t� I i I I i i 1 ' I ( 1 I I 1 I I