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Home My WebLink Aboutbocc.res.145.1996 � , .. � . iG �Ye :n: ! � :::'-' .' ., - �;, �':f� ..� . -... � . . ... . , . . .. .. . ., . .. . ., i ..." . . .. .. ... , .i .. „ � �. -.. t.:_.. +t h��'h'�'. r Y,,,`..s,.y_;.' ��>��;'r'�, �Y4lt �;•� AN�MERGENCY RESOLUTION OF THE BOARD OF - COUNTY COMMISSIbNERS ; .� OF PITKIN COUNTY,COLORADO i; ESTABLISHING A MORATORIUM ON ISSUANCE OF BUILDTNG PERMITS FOR DEVELOPMENT ON .' J�°' REAL PROPERTY ACCESSED BY THE SHIELD O TERRACE AND THE SHIELD O MESA ROADS AND MODIFYING ROAD STANDARDS FOI2 SHIELD O TERRACE AND SHIELD O MESA ROADS �,,�;. RESOLUTION#96-145 ' :''" � REGITAL.S ' � . 1. The Shield O area,w[iich inciudes property in the area known as 3hield O Terrace,Shield O Mesa,as well as other parcels of land which are accessed by the Shield O Terrace Road and the Shield O Mesa Road, has been undergoing development since the late 1960s. There has never been a formal subdivision for Shield O Terrace or Shield ; O Mesa,and developcnent and approvals have been taken on a case by case basis. � Z. The Shield O Mesa Road and the Shield O Terrace Road do not meet �. - County road standazds. 3. The case by case development and approval process has been unsuccessfu[ in attempYing to institute road improvements and upgrades for the Shield O Terrace and , Shield O Mesa Roads. � . ' 4. In 1995 the Boazd of County Commissioners received refenal comments from the Pitkin County SherifPs Office, the Basalt Fire District and the State Forest Service expressing concem"about emergeney access to both existing and proposed homesites in the Shield O Mesa area and,as a result of these comments the Board tabled . several development appiications while ihe road issues could be studied. 5. There are at least ninety-six parcels of property in the Shield O azea,of i which only approximately twenty percent have been improved with sing]e family dwellings. 6. In the fall of 1995,the Board of Coue�ty Commissioners directed county staff to assist the Shield O area homeowners in coming up with a soiution to the problems . with the roads, and further agreed to finance $8,000.00 for engineering to begin the • process of designing road improvements. 7. County staff obtained the necessary engineering and presented various options to Shield 0 area property owners in December 1995. .. 403412 01/31/1997 03:17P PG 1 OF 5 REC DOC NOT j " SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 0.00 �' j�,"c— t � � . , � : • ,1� . .re,"`• . . :,.: �`�'. �:�° , �� ' . , r .._ .,,, �;,. ..., . . ., �. - . i jir`z;�;.,�-.. � •:�:h...�. Resolution#9G-�`� �{�=°"Y' A,;'_:,:•.. , Page 2 1, a.:::�:��.. 8. Development sites within the Shield O area typically contain wildfire '" hazard,in addition to other 1041 concerns. .,. �. 9. The Pitkin County Land Use Code requires that access roads to ;.�� - development in wilditre hazard areas"be built to County standards,"section 3-80.7-7. • ''. = 10. These roads were never designed io connty standards,and because of the steep grades in portions of the roads,they could not be redesigned and rebuilt to meet standards at anywhere near an affordable cost,nor could svch redesign be accomplished without other environmental degradation,such as severe road cuts into the hillsides. "�' � , 11. The State Forest Service has indicated that the most serious problem faced ' by homes in the area is the inadequacy of the access roads,with no other evacuation route ' � in the event tlie road is cut off by fire or clogged with evacuating residents and ! responding fire equipment. The State Forest Service also recommends grades no greater � than ten percent,which the Shield O Roads cannot meet. c ]2. The Pitkin County Sheriff's Office has stated in referrals relating to numerous land use applications for development in the Shield O area thaY the road � infrastructure in the subdivision as a whole is deficient and poses a serious threat to � . emargency response personnel and residents of the subdivision and tliat expanding an already deficient subdivision wii!only exacerbate a poor situation. l3. The Basalt Fire Protection District whicli serves the Shield O area has also expressed concern about further development in the Shield O area,the concem being that continuous development in the area without improvements to the road and water supply �"� cou]d result in a fire-related catastrophe in the area. � 14. The Pitkin County Land Use Code prohibits developmenY if site planning and engineering techniques cannot completely mitigate hazards to public healfli, safety and welfare, Pitkin County Land Use Code section 3-8030. The code also prohibits development if such development subjects other persons or the county to dangers or � . expenses required to mitigate hazardous conditions or to respond to emergencies created by such conditions. I5. C.R.S.§30-15-4Q1 (h)provides that the"county may establish fire lanes and emergency vehicle access on public or private properiy zoned commercial or residential and provide for fines and punishment of viotators". 16. Even though the county has the power to establish fire lanes and emergency vehicle access on private residential property, there aze additional improvements which must be made to the Shield O roads, and there is a need for an enforceable agreement for continuing maintenance of those roads once the improvements are made,to maintain acceptable access for fire and amergency vehicle access. i `" 1 401412 01/31/2997 03:17P PG 2 OF 5 r - <::�r�:. . `.:.;,, 1 , � _.. ; . ,�� :.:: .�, ' ,... <. .: '.. 7 r•;-.:. ,..1.,... � . S�. i.2- _ >I{-� �.-:., � S.- .. y .:,�.� � :� z t y h-� << :2,..\.. -... ..� .. . � . . .. .<_. .. ,.�._._ .:'r.'.7 .... . F � . �'S �`�1:i�;�.. / r,,c�y;..;�,.�.`' Resolution#96-�`� � ��`=�'.' ,�� Pa>e3 �'::. ;4 ��;` 6 �= - ;: ,.. 17. The efforts of the county and vazious homeowners and private attorneys to ' �T� '�. reso[ve the probiems hava been unsuccessful. ti, uy�'� . 18. The Board has directed sttiff to process new development applications in � , the Shield O area with the understanding that permits wili not issue unril the road issves " �' are resolved and has requested a condition be imposed upon any deveiopment approvals �� requested for the Shield O area that no buitding permit be issved until the roads are ��: "�;.•:.. improved to a standazd satisfactory to the Board of County Commissioners, or until a plan is in place and accepted by the Board of County Commissioners for such �'.`:z�` improvements and continued maintenance. �k`.' - (�E._._,�:'�.. . 4 1 9. T he fiomeowners in t he S hie i d O area have made it dear to the Board of • County Cnmmissioners that they do not wish to have their roads become pub[ic,and thus tl�e formation of any type of public district with the assistance of the county is not an option. . 20, Aesolution of t[ie road r b f ' p o l e m s w i l i d e p e n d u p o n t h e o o o p e r a t i o n a n d agreement among the various land owners in the azea,a decision making process over �' which the county has no control. <: .,� . 21. It is necessary to Yl�e safety,health and welfare of not only the residents of - the area,but of tliose providing emergency services to residents of the area,and thus to "� the county at large,to prohibit further development in the area until the access roads meet } certain minimum standards,and a moratorium on the issuance of any further building permits for any property accessed by these roads is necessary. _ 22. It is necessary,in order to ailow development on these properties in the future,to modify County road standards in a fashion that does not compromise health, safety and welfare. 23. Based upon estimated traffic at build out,the approximate traffic will be � 372 vehicles per day for the Shield O Terrace Road and 544 vehicles per day on the Shield O Mesa Road. 24. Based upon these estimates, both roads fatl within the rural access standard which calls for the following. �:y' STANDARDS RURAL '� • Traffic Vol, 250 to 800 vpd ' Min.Right of Way 40 ft. �<. Design Speed 25 mph �� Width of surface/shoulder 2@ l Ofr/2 to 4 ft � Min.Curve Radius 17S ft �i� Max Grade(in%) 10% ' _ � t.: i, �. 401412 01/31/1997 03:17P PG 3 OF 5 �� , / , 1�`� . , _ . � . � . ::�a� . � .#-'. :...i , .. , • ,. ,*,� , �. . .. , . , ., ,. , , .� _.:� ... ,:.,;, .��:::� �:.,.., ,:.. t.��;'. x Resolution#9G-�� -�si� Page 4 u. Yk0'� . ..:�^,:G. 25. Modification of these standards which do not severely compromise health, �� safety, and welfare are necessary, because it is economically impossible as well as ��: environmentally unsound to require full compliance. - ?; >''...�. . 26. Some of tl�e Shield O homeowners have already hired a planner to assist in �, obtaining specific engineering studies and cost estimates for road improvements. ; •. NOW THEREFORE,be it resolved by the Board of County Commissioners of �:.`F� . Pitkin County, State of Colocado, that no furt(iec buiiding permits will issue for ;,.r`'. devetopment of any kind fnr any property accessed by the Shield O Terrace and/or Shield O Mesa roads, and t6at this moratorium on the issuance of bnilding permits shall be subject to the following. ` 1. Applications for development approvals will confinue to be processed '` throagh the Community Development Office, but any approval will be subject to the � condition that no permits will issue until the road complies with the minimum standards _ set forth herein. 2. The moratorium wi(I be temporary, but will not be rescinded until the t roads have been improved to the minimum siandards set forth herein. �; " 3. The moratorium will not be rescinded until such time as there is an enforceable agreement in place that assures the roads will be maintained to klie standards � set forth herein. 4. The minimum standazds for improvements for these roads are as follows. v � �.�s': STANDARDS TRL RAI� Min.Right of Way 30 ft. , Design Speed 20 mph Width of surface/shoulder 2@ 18ft/1 ft Min.Curve Radius 50 ft Max Grade(in%) 12%to 20%with approval of County Engineer,Emergency Service Provider,and BasalY Fire Protection District, 5. In addition to the road standards,there must be provision for water storage and an emergency evacuation plan as recommended by the Basalt Fire Protection District ! as mitigation of the wildfire hazard. 6, This emergency resolution is effective immediately. 11, (� -- 401412 01/31/1997 03:17P PG 4 QF 5 _ R � _. ::. *ffrf: / ' '.� . t � � 1 ;;�r • ,��, . . u,i �;. - � '�° < < ..`� '�'Y:�� ... A.i.r�•.. ,:,,. ' -°:r ,. �.a •'-� �" .. . ..i. .�_ _� ...f,.... . i�. .� .. . .� - . ._ _ .v:! :�y J:!i�.i -� 'a.�fi�• . . . . .. ;�fl`�" .��i..:�. r;�,•; Resolution#96- (�t� �'+�'"'" ` Page 5 '~�� .^�l�• 4b . ��=. . c S�j�" -� INTRODUCED AND ADOPTED ON THE 12th DAY OF JUNE,1996. • ��'`� �'.'.�' NOTICE OF PtJBLIC HEARING PUBLISHED IN THE WEEKEND � � EDITION OF THE ASPEN TIIVIES ON 1STH DAY OF JUNE,1996. � � C�;�� CONFITtMEA UPON SECON A AND PUBLIC A G ON NO �rt�^.`.?� THE 28TH DAY OF AUGUST 19 �o.'�� 'Y ; PUBLIS FTER ADOPTION IN THE W D C F �� • ; : : PEN � ON THE DAY ,1996. " ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO ��7�� -�a„"-'.," �� ette Jones /�ames R.True Deputy Clerk � Chairman �_ ^S,.y�� Date• �� . APPROVED AS TO FORM: �oZ--- � C�--- ' Jeh�i 1VI:Ely-- Su a ne Koncl� n ? �5��3�y„q�County Attorney Co r�ty Manager + ; � i F Uraolshicldo.rcs , 401412 01/31/1997 03:17P PG S OF 5 t I " I � - �-a _:' � , _, . ,;. , � ' � . 1 � .. � � .�, � • ;,�iy?:- � . . ,��. • � c�.i