HomeMy WebLinkAboutbocc.res.196.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,FINDING A TAKING AND REMEDIATING THE TAKING FOR ANNA M.
GRIFFITHS
Resolution No.&-2001
RECITALS
1. Anna M. Griffiths("Applicant")has applied to the Pitkin County Hearing Officer for 1041 Hazard
Review and Conceptual Submission to establish a building envelope for the construction of a single-family
residence and accessory uses,and to establish a development envelope for the purpose of a septic system.
2. The property is referred to as Parcel 11 of the West Sopris Ranch,which is located approximately 2
miles from the 3-way intersection of Sopris Creek Road,East Sopris Creek Road and West Sopris Creek
Road. The property is more specifically described in Exhibit A.
3. The property is zoned RS-30. The property contains approximately 3 5.4 acres and is conforming in
size.
4. The Hearing Officer denied the request on September 28, 2001, pursuant to Determination No.
033-2001, at a public hearing, based on the finding that the proposed driveway encroaches onto slopes of
30% and greater and the property is encumbered by severe wildfire hazard.
5. 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 March 20,2001 to determine whether the Hearing Officer's denial of
the application constitutes a taking of private property without just compensation.
6. The BOCC considered the takings request at a regular meeting on October 24, 2001, at which
time further evidence and testimony were presented with respect to the taking.
7. 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 is no area on the property that is not encumbered by severe wildfire hazard;
B. The proposed building envelope is in the most suitable location on the property for
development;
C. The proposed alignment of the driveway along the ridge, as represented at the meeting, is
in the most suitable location; and
D. The denial constitutes a taking of all reasonable use and economic return from the subject
property.
8. The BOCC considered the remediation at a regular meeting on November 28, 2001, at which time
the conditions of approval were accepted.
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NOW,THEREFORE,BE IT RESOLVED by the BOCC that the denial of the Griffith 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 to the Griffith 1041 Hazard Review and Conceptual Submission, subject to the
following conditions,which shall run with the land and be binding on allsuccessors 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 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:
A. Defensible Space:
1. The area around all structures 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):
a. Brush, debris, and non-ornamental vegetation shall be removed within a
minimum 15 feet 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. Any combination of mulch, hardscape(i.e.
sidewalks, stones, etc.)may be utilized.
b. Lower branches of shrubs in clumps should be removed up to half the total height
of the plant to eliminate ladder fuels.
c. For a distance of 100 feet or to the property line, whichever is least, continue to
develop the existing clumpy nature of the oak/serviceberry. The maximum
diameter of clumps allowed to remain shall be 2 times the height with a cleared
area between clumps that is 4 times the height. For example, if the shrubs are 10
feet tall, then the clump diameter would be 20 feet within a cleared area(i.e.
devoid of woody vegetation)of 40 feet. Ideally the vegetation between clumps
would be grass-like.
d. The Applicant shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
B. Structural Design and Construction Requirements:
1. Roof shall have a Class A,non-combustible roof system. Wood shake/shingle roof
covering are prohibited in all wildfire hazard areas. Roofs with less than 3:12 pitch
are not permitted in 1041 Wildfire Areas unless they comply with the following:
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a. All roof coverings shall be non-combustible materials as defined in the Uniform
Building Code(UBC) 1997 Section 1504 and installed on a Class A roof
assembly.
b. All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
c. All roof design shall facilitate the natural process of clearing roof debris.
Protrusions above the roofline, such as parapets, shall be prohibited
d. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
e. All roof designs, coverings, or equivalent assemblies shall be specifically
approved by the Fire Marshall prior to submittal of a building permit application.
2. All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum
C. Maintenance:
1. Roofs and gutters shall be kept clear of debris.
2. Yards shall be kept clear of all litter,slash, and flammable debris.
3. All flammable materials(including firewood/wood piles)shall be stored on a parallel
contour a minimum of 15 feet away from any structure. Firewood/wood piles shall be
stacked on a parallel contour a minimum of 15 feet away from all structures.
D. Miscellaneous:
1. Swimming pools shall be accessible to Fire Department vehicles.
2. Fences shall be kept clear of brush and debris.
3. Wood fences shall not be connected to the structure.
4. Fuel tanks shall be installed underground with an approved container.
5. Each structure shall have a minimum of one 10 lb.ABC fire extinguisher.
6. 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.
7. Any outbuildings or additional buildings shall adhere to the same standards a;
structures.
E. Utilities:
1. Utility lines shall be buried.
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4. No development, including grading, excavation, fill placement, berming, landscaping, entry or
ranch gates, construction parking or staging and vegetation removal or disturbance shall occur outside of
the approved building or development envelopes unless otherwise specified in this document, such as
necessary wildfire mitigation. Utility extension and maintenance shall occur withinthe approved building
or development envelopes and within the approved driveway alignment.
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.
Landscaping and revegetation on the property shall utilize low water(xeriscaping)native plant materials
and concepts.
6. The Applicant shall comply with the following wildlife mitigation:
A. Dogs are prohibited.
B. All waste storage shall comply with Wildlife Protection Ordinance No. 010-2001. Prior to
Certificate of Occupancy, compliance with the ordinance shall be verified.
C. Fencing outside of the building envelope shall comply with the Pitkin County Fencing
Guidelines.
D. Native vegetation shall be preserved outside of the building and septic system envelopes,
with the exception of any thinning and spacing required to accommodate wildfire mitigation
or to install the driveway.
E. Fruit-bearing trees and shrubs should be avoided in any landscaping.
F. When the existing vegetation is altered, for an access road, utility line or similar uses(except
for required wildfire mitigation),the property owner shall cooperate with the County and the
Colorado Division of Wildlife to devise a compensation plan acceptable to the County. Such
compensation plan may substitute(in a nearby area of the subject property)vegetation equal
in type and quantity to that being removed to mitigate effects on wildlife species pursuant to
section 3-80-080(A)(4)of the Land Use Code, provide that the Applicant shall not be
required to install vegetation in such a density, type or manner that would increase the
severity of the wildfire hazard affecting the habitable areas of the property. This shall be
completed prior to the issuance of a Certificate of Occupancy.
G. If horses are kept on the property,they should be kept within the approved building envelope.
Hay kept on the property shall be fenced with 8-foot high game proof fencing at the owner's
expense.
7. The Applicant shall comply with the following standards for development on slopes of greater
than 15%:
A. Adequate mechanical support shall be provided for cut slopes.
B. Adding water which may decrease slope stability shall be avoided.
C. Adding weight to the top of the slope shall be avoided.
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D. Disturbed slopes must be contoured so that they can be revegetated.
E. Steepening of existing slopes shall be avoided.
F. Cuts, fills, grading and excavation shall be limited to the minimum area needed for
construction.
8. 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 development
envelope.
9. Prior to the issuance of septic system permits,the Applicant shall provide documentation of an
adequate domestic water supply on the property. 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.
10. Development of 30 inches above or below grade within the required property setbacks requires
approval of a variance by the Board of Adjustment, including driveways.
11. Prior to commencement of any earthmoving or construction activity,the Applicant shall stake the
corners of the building envelope and install construction fencing around the perimeter of the building
envelope. The fencing shall remain in place until issuance of certificate of occupancy.
12. A fireplace/woodstove application must be filed and approved by the Community Development
Department prior to the issuance of a building permit.
13. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review
and approval, prior to the submittal for any building permits. The plan shall address the management of
runoff during construction and after construction is complete.
14. Prior to the submittal of any building permits,the Applicant shall obtain an Access/Driveway
Development Permit approved by the County Engineer. The driveway shall comply with County
standards in effect at the time of issuance of the permit. The approved driveway alignment shall be in the
location represented to the BOCC and as illustrated on the preliminary site plan/proposed driveway plan
and profile dated February 14,2001.
15. At the time of an Access/Driveway Development permit submittal,the Applicant shall provide
construction level design drawings that address several refinements including pullout locations,determined in
coordination with the Basalt and Rural Fire Protection District,guard rail placement as required and detailing
of the cut and fill sections.
16. The Applicant shall comply with all codes and requirements of the Basalt and Rural Fire Protection
District. A sprinkler system shall be installed in all residential structuresas required by the District.
17. The Applicant shall join the Stone Road Association and pay required fees of the Association.
18. At the time of building permit application submittal,the Applicant shall submit, for review and
approval by the County Engineer,a Construction Management Plan in accordance to the Asset
Management Plan. The Construction Management Plan shall indicate that vehicles associated with
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construction(i.e. employee traffic, construction vehicles, staging and deliveries)shall not violate County
Law, such as parking on County rights-of-way.
19. Lighting shall comply with the Pitkin County lighting standards at the time of installation.
20. All development must comply with the provisions of the Pitkin CountyNoxious Weed Management
Plan.
21. Floor area shall be limited to 5,750 square feet exempt from growth management. Floor area
shall be calculated based on the definition in effect at the time of building permit submittal.
22. Pursuant to Ordinance No. 022-2000,the Applicant is subject to the Fair Share Requirements and
shall pay a road impact fee as calculated at the time of building permit issuance.
23. 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
November 28, 2004.
TAKINGS AND REMEDIATION APPROVED AND ADOPTED ON THE 24TH DAY OF
OCTOBER,2001 AND 28TH DAY OF NOVEMBER 2001,RESPECTIVELY.
VESTED RIGHT NOTICE PUBLISHED ON THE DAY OF t>ee 2001.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF P KIN COUNTY,COLORADO
�ij /
*Depty
ean Michael C.Irel d,
nty Clerk Chair
Date: - O1—
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John ElyCindy Houben,
Counowttorney Community Development Director
Case#P091-01
246522200002
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LEGAL DESCRIPTION
A PARCEL OF LAND 51TUATI-D IN -THE W 1/2 OF SffCTION 221
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PRINT CF ?;GINNING CONTAINING 35 412 ACRE5.
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