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HomeMy WebLinkAboutbocc.res.078.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO,APPROVING THE WOODY CREEK VENTURES LLC SPECIAL REVIEW, 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION APPLICATION FOR BRAUN RANCH REMOTE PARCEL LOTS 1 AND 10 Resolution No.098-2001 RECITALS 1. 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 activity envelopes of less than %2 acre in order to construct cabins of less than 1,000 square feet on Lots 1 and 10. 3. The property is located in Woody Creek above the Braun Ranch("Main Parcel"I 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 parcels are currently zoned RS-20 and contain 35+acres each. 5. The Planning and Zoning Commission recommended approval of the request on January 30,2001 by a vote of 4-0. 6. The BOCC considered the application at a duly noticed public hearing on April 11, 2001, at which time evidence and testimony was presented with respect to the application. 7. The BOCC finds that the application is generally consistent with the applicable provisions of the Pitkin County Land Use Code. NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby grant approval of the 1041 Hazard Review, Conceptual Submission,and Rural/Remote Special Review for Lots 1 and 10 of the Braun Ranch Remote Parcel, subject to the following conditions,which shall run 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 IIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIII)IIIIIIIIIII II 059093 21:34A SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No.07r-2001 Page 2 submittal for recording. The Applicant shall amend the site plan as follows,prior to submission for recordation: A. The activity envelopes on Lots 1 and 10 shall be set back a minimum of 100 feet from the top of adjacent slopes. The final location of the envelopes shall be reviewed and approved by the Community Development Department prior to recordation. 2. Concurrent with or prior to recordation of the 1041 site plan,the Applicant shall A. Record deed restrictions for the seven Preservation Sites(Lots 2-4, 6-9) and the County shall issue Irrevocable Certificates of TDRs. If development on Lot 5 is not ultimately approved by the County,Lot 5 shall also be deed restricted and a TDR issued. B. Provide a covenant or other guarantee running with the land, for which Pitkin County shall be a beneficiary, guaranteeing the representation of the intensity reduction on the property. 3. Prior to submittal of an ISDS permit for each of Lots I and 10,the Applicant shallprovide documentation of adequate quality and quantity of water from the wells to the Environmental Health Department. The wells must be located within the activity envelopes. 4. Prior to submission of any building permit applications for Lots 1 and 10,theApplicant shall: A. Obtain fireplace/woodstove permits 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. 5. Prior to issuance of any building permit applications for Lots 1 and 10,the Applicant shall: A. Obtain approval of an ISDS permit for each lot from the Environmental Health Department. The septic systems shall be located within the approved activity envelopesand must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the systems. B. Pay the applicable road impact fee, pursuant to BOCC Ordinance No. 22-2000. 6. 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). 459093 IIIIIII lilll IIIIII IIIIllllo IIIIII CO III IIIII III III a e 01:a4A 01 Resolution No.d?-2001 Page 3 B. New fencing shall be prohibited,except the Applicant may construct a corral witlin 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. 7. 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-ornamental 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 tines 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. 8. The Applicant shall comply with the following additional wildfire mitigation staidards: 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. 45909 IIIIII IIIII IIIIII IIII IIIIII IIIIII CO III IIIII IIII IIII aPage: 3 01:a4A 01 Resolution No.4_7?-2001 Page 4 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 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 approved for 2 hour fire-resistive construction on the exterior side of the walls. M. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. N. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. O. 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. 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 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 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. 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 IIIIII IIIII IIIIII IIIIIIIIIII IIIIII CO III IIIII IIII IIII 0 0 Page: 909 0t:34A 0i Resolution No.Ot-2001 Page 5 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. 9. No development, including grading,excavation, fill placement, landscaping,vegetation removal or disturbance, septic system and well,shall occur outsde of the approved activity envelopes, except driveway extension and maintenance and to comply with the required wildfire mitigation. 10. The cabins shall not break the ridgeline as viewed from Highway 82. 11. The exterior of the cabins shall be finished in eardi tones,which blend with the colors of the natural surrounding environment. Roof materials shall be non,-reflective. 12. 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. 13. Exterior lighting(including driveway lighting)shall be prohibited,except where necessary to comply with health and safety requirements of the Uniform Building Code. Required exta•ior lighting shall comply with the regulations of the Land Use Code in effect at the time of installation. 14. Extension of a telephone line or other utilities is prohibited, unless subsequently approved through Special Review. 15. The building footprint may exceed 500 square feet,but shall not exceed 1,000 square feet. 16. 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. 17. 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on ApPiL 11 2004. NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weeklv on the 240h day of February,2001. APPROVED AND ADOPTED on the I ld day of April,2001. VESTED RIGHTS NOTICE PUBLISHED in The Aspen Times Weeklv on the; ay of 2001. THIS APPROVAL IS CONTINGENT UPON AND SHALL NOT BECOME EFFECTIVE UNTIL THE PROPERTY IS REZONED TO RURAL/REMOTE. 459093 IIIIII IIIII IIIIII IIII IIIIII IIIIII IIIII III IIIII IIII IIII Page: 5 of 7 69//26/2 0 1:34A 0 0 000 Resolution No.O -2001 Page 6 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO By ATTEST: Michael C.I land, Miff Date oq-d5"01 nde R. Dean Clerk to the BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, Coun ey Community Development Director Case#P170-00 PID#264303200001 IIIIII IIIII IIIIII IIIIIIIIIII IIIIII CO III IIIII IIII III00 Page:509 00 t:aaa p ; o78'- zoo/ GXH181T PRr or',�R DESCRIPTION LOT RI A PARCEL OF LAND BEING GOV'T LOT 4,SECTION 3,TOWNSHIP 9 SOUTH,RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDL4N,COUNTY OF PITKIN,STATE OF COLORADO;SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONQv(ENCING AT THE NORTHWEST CORNER OF SAID SECTION 3(WHENCE THE CLOSING CORNER TO SAID NORTHWEST CORNER BEARS S00'02'48"W 4.12 FEET),THE POINT OF BEGINNING;THENCE S89056'17"E ALONG THE NORTHERLY LINE OF SAID SECTION 3 A DISTANCE OF 1316.23 FEET TO THE NORTHEAST CORNER OF SAID GOV'T LOT 4;THENCE S00003'591W ALONG THE EASTERLY LINE OF SAID GOV'T LOT 4 A DISTANCE OF 1620.41 FEET TO THE SOUTHEAST CORNER OF SAID GOVT LOT 4;THENCE S89059'57"W ALONG THE SOUTHERLY LINE OF SAID LOT 4 A DISTANCE OF 1315.68 FEET TO THE SOUTHWEST CORNER OF SAID GOVT LOT 4;THENCE N00002'48"E ALONG THE WESTERLY LINE OF SAID SECTION 3 A DISTANCE OF 1621.34 FEET TO THE POINT OF BEGINNING;SAID PARCEL CONTAINING 48.974 ACRES,MORE OR LESS. PROPERTY DESCRIPTION PARCEL l0 A PARCEL OF LAND SITUATED IN GOv"T LOT 1 AND GOVT LOT 2 OF SECTION 3,TOWNSHIP 9 SOUTH..➢ANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF PTTKIN,STATE OF COLORADO;SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTI�AST CORNER OF SAID SECTION 3,THE POINT OF BEGINNING;THENCE S00°1NE S8 ALONG THE EASTERLY LINE OF SAID STHENCE N00°08'20EA DISTANCE OF 923.33CE OF 923.87 FEET; 9FEEET TO A POINT ON THE NORTHERLYBLIPIE OF NCE LEAVING SAM EASTERL A DISTANCE OF 1THEN FEET; NG _ SAID CORNER FOSECRON 34, 0CE 8WNSHIP 8 SOOUTH,RANGE 5 WEST OF THE 6TH P. ST M DISTANCE CONTINUING ALONG ONG SAID NORTHERLY LINE N89058'38"E A DISTANCE OF 335.85 FEET TO THE POINT OF BEGINNING;SAID PARCEL CONTAINING 36.636 ACRES,MORE OR LESS. 45909 I IIIIII DAVIS PI IIIIIIIIIII IIIIII CO III IIIII IIII IIII O 0 I I:34A 0