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Home My WebLink Aboutbocc.res.088.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO,FINDING A TAKING AND REMEDIATING THE TAKING BY GRANTING APPROVAL OF THE WOODY CREEK VENTURES LLC SPECIAL REVIEW,1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION APPLICATION FOR BRAUN RANCH REMOTE PARCEL LOT 5 Resolution No.Off-2001 RECITALS I. Woody Creek Ventures LLC("Applicant")has applied to the Pitkin County Board of County Commissioners (`BOCC")to rezone the Braun Ranch Remote Parcel to Rural/Remote from RS-20. 2. The Applicant has also requested 1041 Hazard Review, Conceptual Submission and Special Review approval to establish an activity envelope of less than%2 acre in order to construct a cabin of less than 1,000 square feet on Lot 5. 3. The property is located in Woody Creek above the Braun Ranch("Main Parcel"),which is located above Upper River Road,Woody Creek Road and Little Woody Creek Road. The property is more specifically described in Exhibit A. 4. The parcel is currently zoned RS-20 and contains 35+acres. 5. The Planning and Zoning Commission recommended denial of the request on January 30,2001 by a vote of 4-0. 6. The BOCC denied the request at a duly noticed public hearing on April 11,2001, pursuant to Resolution No.Qff-2001. 7. 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 12, 2001 to determine whether the BOCC's denial of the application constitutes a taking of private property without just compensation. April 25, 2001 8. The BOCC considered the takings request at regular meetington May 3, 2001, at which time further evidence and testimony were presented with respect to the taking. 9. The BOCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code, based on the following findings: IIIIII 111111 Jill 111111 IIIIII 1111111111111 Jill III Page it:azA R 0.00 0 0.00 Resolution No.087-2001 Page 2 A. The only area on the property that is located on slopes of less than 15% is within a severe wildfire hazard area; B. There is no area on the property that is not encumbered by severe wildfire hazard; C. 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 Braun Ranch Remote Parcel Lot 5 1041 Hazard Review, Conceptual Submission and Special Review 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 nun with the land and be binding on all successors in interest: 1. Prior to submission of any earthmoving,access,ISDS 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 as follows, prior to submission for recordation: A. The activity envelope on Lot 5 shall be set back a minimum of 100 feet from the top of adjacent slopes. The final location of the envelope shall be reviewed and approved by the Community Development Department prior to recordation. 2. Prior to submittal of an ISDS permit for Lot 5,the Applicant shall provide documentation of adequate quality and quantity of water from the well to the Environmental Health Department. The well must be located within the activity envelope. 3. Prior to submission of any building permit applications for Lot 5,the Applicant shall: A. Obtain a fireplace/woodstove permit from the Community Development Department. B. Obtain an access permit for the access road improvements and any driveway extensions, which shall be approved by the County Engineer and the Community Development Department. C. Submit a weed management plan as required by the Pitkin County Noxious Weed Management Plan for review and approval by the Land Management Department. D. Submit a construction management plan for review and approval by the County Engineer. 4. Prior to issuance of any building permit applications for Lot 5,the Applicant shall: A. Obtain approval of an ISDS permit for the lot from the Environmental Health Department. The septic system shall be located within the approved activity envelope and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 059092 i2:32A SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No.DPP'-2001 Page 3 B. Pay the applicable road impact fee, pursuant to BOCC Ordinance No. 22-2000. 5. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Snowmobiles shall only be utilized on the property for access to the cabins,and use shall be limited to existing roads. The type of snowmobiles that may be utilized by the owners, guests or invitees of Lots 1 and 10 of the Braun Ranch Remote Parcel shall be limited to the Arctic Cat four stroke with a Suzuki microcar engine, which has been determined by the Applicant and the Community Development Department to be the quietest and least polluting snowmobile currently on the market,which is also capable of efficient operation at the elevation of the lots. The owners may also utilize such other makes and models of snowmobiles provided that they meet or exceed the performance standards of the Arctic Cat four stroke with a Suzuki microcar engine relating to quietness and pollution control (air and fuel). B. New fencing shall be prohibited,except the Applicant may construct a corral within the activity envelope. When existing fencing is repaired or replaced, it shall be brought into compliance with the County's wildlife compatible fencing standards. C. Dogs shall be prohibited, including during construction. D. Native vegetation shall be maintained outside of the activity envelopes,except as necessary for driveway extension. E. Install and use bear proof trash containers as required by BOCC Ordinance No. 010-2001. F. Landscaping shall not include fruit-bearing trees, due to the high level of black bear activity in this area. G. Temporary fencing shall be installed around the building sites during construction to minimize unnecessary vegetation disturbance. H. Cabin design shall include secure, closeable outside shutters for all windows or openings. The shutters shall be securely closed and latched when the cabins are not in use to prevent bears from breaking into the cabins. 6. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Within 100 feet of all structures, thin or clump existing woody vegetation B. Brush,debris,and non-omamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. C. Vegetation(specifically oak/serviceberry)shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 100 foot perimeter around the structures. The maximum diameter of clumps remaining within the 100 foot perimeter shall be twice the height of the clumps,with spacing between the clumps of four times the height. D. All branches from shrubs within the 100 foot perimeter shall be pruned to half the total height of the plant. E. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. F. All deadfall within the 100 foot perimeter shall be removed. G. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 7. The Applicant shall comply with the following additional wildfire mitigation standards: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII00 g9O90 t:3zn i Resolution NoI tt-2001 Page 4 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 '''A 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 shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Low vegetation(less than 6 inches high)shall be maintained within a 15 foot perimeter of all structures. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. H. Swimming pools or ponds shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Fuel tanks shall be installed underground with an approved container. L. Propane tanks shall be installed according to NFPA 48 standards and on a contour away a from the structure with standard defensible space vegetation mitigation around any abova M 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. N - -m M. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher om 9 0 N o placed in a visible and accessible location. W N N. Addresses shall be clearly marked with 2 inch noncombustible letters and shall be visible LO a and installed on a noncombustible post. m O. Projections at the roof line(which include but are not limited to eaves, cornices, soffits m and roofs over open decks)shall be sheathed with materials approved for 1 hour fire- resistive construction. P. 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 slopes 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 z 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 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 a below such projections shall be void of vegetative or other combustible materials. These 5 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. Resolution No.Dig-2001 Page 5 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. Q. Windows and Glass: Glazed openings shall be provided with closable, solid, exterior non-flammable shutters or shall be tempered glass. R. 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. S. 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. T. 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. 8. No development, including grading,excavation,fill placement, landscaping,vegetation removal or disturbance, septic system and well,shall occur outside of the approved activity envelopes,except driveway extension and maintenance and to comply with the requited wildfire mitigation. 9. The cabin shall not break the ridgeline as viewed from Highway 82. 10. The exterior of the cabin shall be finished in earth tones,which blend with the colors of the natural surrounding environment. Roof materials shall be non-reflective. 11. Native shrubs and grasses shall be utilized for revegetation of disturbed areas. All disturbance caused by construction shall be revegetated no later than one growing season after completion of construction. 12. Exterior lighting(including driveway lighting)shall be prohibited,except where necessary to comply with health and safety requirements of the Uniform Building Code. Required exterior lighting shall comply with the regulations of the Land Use Code in effect at the time of installation. 13. Extension of a telephone line or other utilities is prohibited,unless subsequently approved through Special Review. 14. The building footprint may exceed 500 square feet,but shall not exceed 1,000 square feet. 15. 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. 16. 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. 5909 IIIIIII IIIII IIIIII III IIIIIII IIIIII CO III IIII IIII 0.00 0 1 1 t:32A Resolution No.O�-2001 Page 6 Takings Determination on April 25, 2001. Remediation on May 23, 2001. APPROVED AND ADOPTED on the 23rd day of May, 2001. THIS APPROVAL SHALL NOT BE EFFECTIVE UNTIL JUNE 13,2001,AND SHALL BE VOID THEREAFTER IF THE APPLICANT'S OUTSTANDING BILLS WITH THE COMMUNITY DEVELOPMENT DEPARTMENT ARE NOT PAID. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO By ( J ATTEST: /Michael C.Irel d, Chair Date ( ndee .Dean Clerk to the BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, County ey Community Development Director Case#P170-00 PID#264303200001 IIIIII IIIII II III IIII IIIIII III II IIII II IIIII IIII III a g 9 6 of 092 11:32A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 088'- 2.001 PROPERTY DESCRIPTION LOT R5 A PARCEL OF LAND SITUATED IN THE Sl/2NW1/4 OF SECTION 3,TOWNSHIP 9 SOUTH,RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF PITKIN,STATE OF COLORADO;SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 3;THENCE N8905TO7"E ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 3 A DISTANCE OF 1075.99 FEET TO A POINT ON THE CENTERLINE OF THE CHAPPARAL ASPEN ACCESS EASEMENT,THE POINT OF BEGINNING;THENCE THE FOLLOWING FOURTEEN(14)COURSES ALONG SAID CENTERLINE: 1.N30040'14"E A DISTANCE OF 277.60 FEET 2.ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 164.20 FEET AND A CENTRAL ANGLE OF 34025'03",A DISTANCE OF 98.63 FEET(CHORD BEARS N14"20-03"E 97.16 FEET) 3.N02052'28W A DISTANCE OF 60.51 FEET 4.ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 63.03 FEET AND A CENTRAL ANGLE OF 40022'57",A DISTANCE OF 44.42 FEET(CHORD BEARS N09-41.24"E 43.51 FEET) 5.ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 165.36 FEET AND A CENTRAL ANGLE OF 32050'02",A DISTANCE OF 94.76 FEET(CHORD BEARS N1302751"E 93.47 FEET) 6.NO2057'10"W A DISTANCE OF 144.72 FEET 7.ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 106.03 FEET AND A CENTRAL ANGLE OF 64034'5 1",A DISTANCE OF 119.51 FEET(CHORD BEARS N2501249"E 113.29 FEET) 8.ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 152.13 FEET AND A CENTRAL ANGLE OF 04028'46",A DISTANCE OF 11.89 FEET(CHORD BEARS N55015'51"E 11.89 FEET) 9.CONTINUING ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 152.13 FEET AND A CENTRAL ANGLE OF 35005'26", A DISTANCE OF 93.17 FEET(CHORD BEARS N35028'45"E 91.72 FEET) 10.N17056'02"E A DISTANCE OF 70.52 FEET 11.ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 114.33 FEET AND A CENTRAL ANGLE OF 51042'50",A DISTANCE OF 103.19 FEET(CHORD BEARS N36033'07"E 99.73 FEET) 12.N620241 VE A DISTANCE OF 211.84 FEET 13.ALONG THE.ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 312.71 FEET AND A CENTRAL ANGLE OF 48020'50",A DISTANCE OF 263.87 FEET(CHORD BEARS N4105348"E 256.11 FEET) 14.NI7043'22E A DISTANCE OF 3194 FEET;THENCE LEAVING SAID CENTERLINE N89059'57"E A DISTANCE OF 698.80 FEET;THENCE S00005'10"W A DISTANCE OF 1320.82 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SAID SECTION 3;THENCE S8905744"W ALONG SAID CENTERLINE A DISTANCE OF 155.20 FEET TO A ELM MONUMENT;THENCE CONTINUING ALONG SAID CENTERLINE S8905707"W A DISTANCE OF 1286.75 FEET TO THE POINT OF BEGINNING;SAID PARCEL CONTAINING 35.049 ACRES,MORE OR LESS. III IIII IIIIII IIII IIIII I III III II III III Page:mg0 11:32R SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00