HomeMy WebLinkAboutbocc.res.094.2002 468854
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06/19/2002 09:48A
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 RAGER 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION
Resolution No.491/-2002
RECITALS
1. Doug Rager(hereafter"Applicant")applied to the Pitkin County Hearing Officer(hereafter"Hearing
Officer") for 1041 Hazard Review approval to establish a building envelope to construct a new
single-family residence.
2. The property is located at the end of Holland Hills road behind Holland Hills Subdivision and is
more specifically described in Exhibit A.
3. The property is zoned AFR-10 and contains approximately 5.62 acres.
4. The Hearing Officer denied the request, due to the presence of elk and mule deer severe winter
range and critical habitat, at a duly noticed public hearing on April 16, 2002.
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 April 24, 2002,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 May 8, 2002,at which time
further evidence and testimony were presented with respect to the taking. The BOCC determined
that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code.
NOW,THEREFORE, BE IT RESOLVED by the BOCC that the denial of the Rager 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:
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SILVIA DAVIS PITKIN COUNTY CO R 0.00 06/19D2O 00 9 48A
Rager Remediation Resolution No.*2002
Page 2
1. The applicant shall submit a 1041 Site Plan to the Community Development Department for
approval and recording,prior to submission of any building permit applications.The applicant shall
depict a building envelope that does not encroach on slopes of greater than 30 percent and shall be no
larger than 1 acre in size.The site plan shall also be submitted in digital format for integration into
the County's GIS system.
2. The Applicant shall adhere to all conditions and material representations made in the application
and public meetings except as amended herein.
3. Prior to issuance of a septic permit,the applicants shall provide documentation to the Environmental
Health Department as to the quantity and quality of the water on the property.
4. A septic permit shall be obtained from and approved by the Environmental Health Department,prior
to issuance of a building permit. The septic system shall be located within the designated septic
envelope. The system must comply with all minimum horizontal setback requirements between its
components and physical features. The system must be designed by a qualified professional
engineer.
5. The Applicants shall obtain an access permit from the Pitkin County Engineer prior to building
permit submission.
6. A fireplace/woodstove permit shall be approved by the Environmental Health Department prior to
issuance of a building permit.
7. The applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Brush,debris,and non-ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
B. For a distance of 10 to 15 feet around all structures,establish and maintain vegetation at 6
inches or less. This can be done with mowed grass,low growing perennials or some type of
hard scape(e.g.sidewalk,rock mulch,pavers). Woody vegetation should not be planted
within this perimeter and no flammable materials should be stored within the perimeter.
C. For a distance of 15 to 30 feet around all structures,grass shall be maintained at a height of
six inches or less.
D. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around the structure.
E. For a distance of 100 feet around all structures,thin existing pinyon/juniper so that all the
trees are no closer than 10 feet as measured from the outermost branch.
F. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall not
exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel.
G. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of
10 feet above the ground and ladder fuels from around trees and brush shall be removed.
H. The lower limbs of all pinyon/juniper trees should be removed up to half the height of the
tree.
1. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
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SILVIA DAVIS PITKIN COUNTY CO R 0.00 06/19/ 002 D20.00 9:48A
Rager Remediation Resolution No.Off-2002
Page 3
J. All deadfall within the 150 foot perimeter shall be removed.
K. 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 standards:
A. Roofing: New roofs shall have a non-combustible roof covering on a class A,assembly
roof system. Wood shake/shingle roof coverings and flat roofs(up to a 3:12)pitch are
prohibited.
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 shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more
than 6 inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from
the structure.
H. Swimming pools 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. Any outbuildings or additional structures shall adhere to the same standards as structures.
L. Fuel tanks shall be installed underground with an approved container.
M. 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.
N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on a non-combustible post.
P. Utility lines shall be buried.
9. The applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Dogs shall not be allowed on the property.
B. No fencing shall be allowed outside of the approved building envelope.
C. Any vegetation altered for an access road,utility line of similar use must be replaced with
vegetation equal in type and quantity to that being removed according to a mitigation plan
approved the Pitkin County Wildlife Biologist.
D. The Applicant shall revegetate the disturbed hillside as mentioned in Exhibit B in
accordance to a mitigation plan approved by the Pitkin County Wildlife Biologist.
E. Installation and use of approved bear proof trash containers is required on the property.
Verification of this condition shall be required by the Pitkin County Wildlife Biologist prior
to issuance of Certificate of Occupancy.
F. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of
black bear activity in this area.
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SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
Rager Remediation Resolution No.4f/-2002
Page 4
G. Landscaping must include vegetational screening of the north,east,and west sides of the
envelope to minimize the effects of increased human activity on wintering mule deer and
elk.
H. Access to the Division of Wildlife shall be maintained on the property for the
management of wildlife.
I. No grazing of livestock shall be allowed on the property.
J. Any future caretaker dwelling unit on the property shall be attached.
K. Native vegetation shall be maintained outside of the approved building envelope as long
as it complies with the wildfire mitigation stated above.
L. Signage and/or wildlife friendly fencing shall be placed at the intersection of the access
drive and the power line easement discouraging the use of ATV on the alignment.
10. No development,including grading,landscaping,vegetation removal or disturbance,shall occur
outside of the approved building envelope,except for utility and driveway extension and
maintenance,and as may be necessary to implement the wildfire mitigation measures required
elsewhere in this document.
11. Prior to commencement of any earthmoving or construction activity,the Applicants 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. Prior to application for building permit the applicant shall provide for review and approval of the
County Engineer a trip generation and construction trip generation study for any free market
residential structure of 5,000 gross square feet or greater.This study shall be developed by a traffic
engineering consultant hired by the applicant and pre-approved by the County Engineer.
13. The applicant shall adhere to the recommendations made in the Geologic Report written by Nicholas
Lampiris dated April 9, 1990(see Exhibit Q.
14. 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 same time as building permit issuance.
15. Floor area shall be limited to 5,750 square feet exempt from growth management or use of TDRs.
Floor area shall be calculated based on the definition in effect at the time of building permit
submittal.
16. 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 May 22,2005.
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06/19/2002 09:48A
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
Rager Remediation Resolution No 41"/-2002
Page 5
TAKINGS DETERMINATION APPROVED ON MAY 08, 2002 AND REMEDIATION
APPROVED AND ADOPTED on the 22nd day of May,2002.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES
WEEKLY ON TUAJe-
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY,COLORADO
_�J2 4/
By
Patty Kay-Clapper,thair
ATTEST:
yn a R.Dean,Clerk to the BOCC
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Cindy Houben Jo
Community Development Director unty Attorney
Case#P023-02
PID#246721200002
y-z Ga 2-
-A parcel of land situated in Tract 64, in Sections 16 and 21 , T 8S,
R 86W of the 6th P.M., lying northerwesterly ,of the conterline of a
lane, more completely described as follows: a brass cap monument
marked for A. P. No. 2 of Tract 64 bears N 88*35148" W. 385.58 feet;
thence S 88*35148" E. 908.14 feet to a brass cap monument marked for
A.P. No. 1 of said Tract 64;
thence South 248.00 feet;
thence S. 71°25128" W. 162.20 feet along the centerline of said
lane;
thence S. 89*34124" W. 57.60 feet along the centerline of said lane;
thence S. 35*34138" W. 50.80 feet along the centerline of said lane;
thence S. 72*15126" W. 167.29 feet along the centerline of said
ane;
thence N. 60*11127" W. 206.224feet;
thence N. 52000t56" W. 131 .41 feet;
thence N. 36*54148" W:136.99 feet;
thence N. 62019105" W. 100.48 feet;
thence N. 35°40120" W. 92.37 feet to the point of beginning,
TOGETHER WITH a perpetual , non-exclusive easement and right of way
for.the purposes of ingress and egress, as created, defined and
established in that certain Grant of Perpetual Easement for Ingess
and Egress from Robert T. Morrow to Douglas Rager, and recorded
March 22, 1990, in Book 616 at Page 788, said easement being over
and across a strip of land 20.00 feet in width located within Parcel
1 and Parcel 2, BARTA FAMILY SUBDIVISION as recorded in Plat Book 14
at Pages 2 and 3, extending from the Northeasterly right-of-way line
of Colorado State Highway No. 82 Northeasterly to a line that bears
S19°36139"E from thhe Point of Termination, the Northwesterly line j =
of said strip of land being described as follows:
BEGINNING at the most Westerly Corner of said Parcel 1 , thence
I
N 39'12111"E, 849.29 feet along the Northwesterly line of said N
Parcel 1 and said Parcel 2;
Thenc N 71°43'30"E, 677.23 feet along the Northwesterly line ;p
of sa?d Parcel 2; "
. . I�
Thence N 72°27136"E, 43.58 feet along the Northwesterly line of �(
said Parcel 2; i
Thence N 70P23141 "E, 180.00 feet along the Northwesterly I.ine f ,
of said Parcel 2 to the POINT OF TERMINATION. ('
l �
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SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
i
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06/19/2002 09:48R
SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00
Doug Rager
1780 Snowmass Creek Road
Snowmass, CO 81654
970-927-1780 phone/fax
4/8/02
Mr. Brian McNellis
Aspen/Pitkin Community Development
130 South Galena Street
Aspen, CO 81611-1975
Phone 920-5092, Fax 920-5439
RE: Rager 1041 Re-establshment
Brian,
When we visited the site with Colorado State Wildlife Officer Kevin Wright, he made a
comment about possibly relocating the building envelope to the area between the Old
Snowmass/Basalt trail and the power line easement because that area did not have the
sagebrush and other plant material needed for critical wildlife habitat. The area had been
scraped clean many years ago and is now mainly weeds and grasses. You told Kevin that
the area he spoke of would not be suitable as a building site for reasons other than
wildlife, including steep slopes.
Further, Kevin notes in his report that"The site is also a very disturbed site. The Holland
Hills subdivision is immediately adjacent to the homesite with homes located
immediately to the South and West. Also, the Rio Grand Trail(actually Old
Snowmass/Basalt Trail)runs alongside the building site and property creating more
disturbance. The power line corridor is being used by a variety of people, motorized and
nonmotonzed creating more disturbance." Kevin Wright also says "I would concur with
Randy Cote's position in the 1990 resolution that construction of a single family home at
this location would not create significant additional impacts to wildlife. This is due
solely to its location to the subdivision, trail, and power line corridor and all of the
associated disturbance. At this location, construction of a 5700' home versus a smaller
home would not create any significant additional impacts."
I propose that in addition to following both Kevin Wright's and Wildlife Biologist
Jonathan Lowsky's recommendations for the reduction of the impact of development on
wildlife that I could volunteer to mitigate by revegetating the area that Kevin identified as
not critical wildlife habitat with plant materials which could be recommended by Kevin
Wright and Jonathan Lowsky. Water will be made available to the site this summer by
the Holland Hills Metropolitan District which will make my proposal feasible for getting
the sagebrush,rabbit brush and other plant material started.
468854
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SILVIA DAVIS PITKIN COUNTY CO R 0.00 06/19 D2O02 0.00 8.48A
Page 2 of 2
RE: Rager 1041 Re-establishment
Also, with wildlife friendly fencing and perhaps some signage I should be able to reduce
or eliminate the ATV and dirtbike traffic on the power line easement road and onto BLM
land through my property. Dogs running free in Holland Hills are still a problem for
wildlife but I could discuss the situation with the Holland Hills Homeowner's
Association and with individual dog owners.
Please consider my proposals when making your recommendation to the hearing officer.
Sincerely,
V*
Doug Rager
D4Y `ZooZ-
Nicholas Lampiris, Ph.D.
CONSULTING GEOLOGIST
0793 VALLEY ROAD
CARBONDALE,COLORADO 81623
(303)963-3600(24 HOURS)
April 9, 1990
Doug Rager 468854
PO Box 481
Aspen CO 81612 ea//19/2002 09:48A
RE: Wi ngo Junction r&.6pert y SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00
Dear Mr. R ger:
I have completed my geologic investigation of the _above
referenced property north of Highway 82, the Denver- and Rio
Grande Railroad tracks, and the Roaring Fork: River . This is
north of Wingo Junction in Sections 16 and 21 , T 9 S, R 96 W
of the Sixth PM, Pitk:in County, Colorado. Holland Hills is
adjacent to the vest. The building site is at the east end
of the property, as shown on the accompanying map , on a south
facing , red hill side with red sandstone outcrops an i.t .
There are scattered pinions on the site.
The red beds, of the Pennsylvanian-Permian age Maroon
Formation can be seen at and behind the site and underlie the
site at its lower end where only several feet of r_olluvium
cover the outcrops. The beds are nearly flat lying.
The q_eologic 'concerns include rock: fall , and those connected
with the debris fan which is formed at the mouth of a gully-
out of the red hills adjacent to the site. The site as shown
will not be affected by the fan because it is above it;
nevertheless, an investigation for proper- foundation design
is necessary because the site is fairly steep (the near
surface bedrock will provide a stable base fur- thra
foundation) . I recommend the construction of a small berm or
other deflection device on the uphill side of the site to
keep any sheetf low from reaching the proposed home. This
feature can be incorporated within the linear outcrops on the
uphill side of the site at the rear- of the home. The home
should have pnsi ti ve drainage around it so that wester does
not reach the foundation , thereby unduly wetting the sail
there.
The rock fall hazard is minor because only small sandstone
blocks are available and they will come from an outcrop
pattern not too far above the site. I r ec.omm"nd A three Foot
item wall at the rear of the home with no windows in it so
that, rock damage is minimal , if it occurs at all .
468854
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"^Lv/A DAVIS pzrmz m m.mm o m.mm
A producing well should be obtained by drilling 200 to 30 )
— feet below the surface into the Maroon Formpt io/.' Tho ,/4t rr
will probably contain iron ƒrom ~th#z red hrds' Wasve disposal
should be possible through ����e oFe of a s!andard septic tank
and drain field because the soils a'e suitab? y permeable and
there is enough room''to bedrock at thn southernmost corner of
the lot , as shown. The Pitkin County San/ tation Engineer
should be consulted for his specific recommendations, and it
may be necessary to engage a civil engineer to assist in the
design.
Access to the base of the site is present on a slight graWe
but n"eds some improvement to be useable. Actually rea' hing
the garage area will take a hill side cut and a qully
crossing. This also may need to be engineered. I recommend
that the home be designed so as to nrec] ude the arcumulation
of radon gas as this is becoming stpndarO practice in the
State. if there are further qurstjoos Please do not hesitate
to contact me.
Sincerely,
°
Nicholas Lampiris
Consulting Geologist
_