HomeMy WebLinkAboutbocc.res.125.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,FINDING A TAKING AND REMEDIATING THE
TAKING FOR THE SPENCER 1041 HAZARD REVIEW AND CONCEPTUAL
SUBMISSION ON LOT 14, SECTION 36 SUBDIVISION
Resolution No./-2002
RECITALS
1. Paul Spencer("Applicant") has applied to the Pitkin County Hearing Officer for
1041 Hazard and Conceptual Submission approval to establish a building
envelope on Lot 14 of Section 36, T8S, R87W.
2. The parcel is zoned RS-30 PUD and contains 38.408 acres.
3. The Hearing Officer heard this application at a duly noticed public hearing on
June 18, 2002, at which time evidence and testimony were presented with respect
to this application.
4. The Hearing Officer denied the request due to a proposed access that crossed
slopes in excess of 30 percent.
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 June 21, 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 July 10, 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
Spencer 1041 Hazard Review and General Submission of Lot 14, Section 36 Subdivision
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:
1. The Applicant shall adhere to all conditions and material representations made in the
application and public meetings except as amended herein.
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2. Prior to submittal for any building permits,the Applicant shall record a 24 X 36 inch
mylar 1041 Hazard Review Site Plan in accordance with Section 5-70-040 of the
Land Use Code. The site plan shall also be submitted in digital format for integration
in to the County Geographic Information System(GIS)prior to submission of a
building permit. The building envelope must be modified to designate a`residential'
envelope, "windmill' envelope, and"no structure area"within the building envelope
in accordance with the comments from the Division of Wildlife as outlined in the
letter dated 4/6/02. The Applicant shall also depict an "access envelope"that
corresponds with the 60 foot right-of-way easement established for access to the
building envelope. Prior to recordation of the site plan,the Division of Wildlife,the
County Wildlife Biologist, and Community Development shall approve the building
envelopes.
3. The Applicants shall obtain an access permit from the Pitkin County Engineer prior to
building permit submission.
4. The Applicant shall comply with the following wildfire mitigation measures:
Defensible Space:
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 distance
a 10 foot perimeter of all structures.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of
the fuels a minimum of a 30 foot perimeter around a structure built on flat ground.
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters
shall be a minimum of two (2) times the height of the fuel. Maximum diameter of
the clumps shall be two (2)times the height of the fuel. All measurements shall
be from the edges of the crowns of the fuel.
E. Tree crown separation within a 30 foot perimeter shall have a minimum of 10 feet
between the edges of the crowns. This does not apply to mature stands of Aspen
trees where the above recommendation for removal of ladder fuels have been
complied with.
F. All branches which extend over the roof eaves shall be trimmed and all branches
within 15 feet of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter around all structures shall be
reduced where natural reduction has not already occurred.
H. All deadfall within the 100 foot perimeter shall be removed.
I. The Applicant shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
5. The Applicant shall comply with the following additional wildfire mitigation
standards:
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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 one-fourth-
inch(1/4") 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 15 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 any structure.
H. Swimming pools shall accessible to Fire Department vehicles.
I. Fences shall be kept clear of brush and debris.
J. Wood fences shall not connect to any 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 aboveground 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 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 clearly visible at the primary point of access from the public or common access
road and installed on a non-combustible post.
P. New utility lines shall be buried in the existing roadways.
6. No development, including grading, excavation, fill placement,berming, landscaping,
entry or ranch gates, and vegetation removal or disturbance shall occur outside of the
approved building [and/or] development envelopes unless otherwise specified in this
document, such as necessary wildfire mitigation. Construction, staging, parking,
utility and driveway extension and maintenance shall only occur within approved
building envelope or access driveway.
7. The Applicant shall comply with the following wildlife mitigation conditions:
a. Dogs must be kenneled on the property. Verification of a dog kennel, run, or
other fenced area shall be required from the Pitkin County Wildlife Biologist prior
to issuance of Certificate of Occupancy.
b. The Applicant shall comply with the 2001 Wildlife Protection Ordinance No.
010- 2001 for waste storage. The Pitkin County Wildlife Biologist shall verify
compliance with this condition prior to issuance of Certificate of Occupancy.
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c. Wood fencing shall employ three rails or less,be the round or split rail type, shall
not exceed 48 inches in height above ground level, and twelve inches in width
(top view), and shall have at least 18 inches between the rails. Wire fencing shall
consist of no more than three strands of smooth wire and shall not exceed 42
inches in height. Property perimeter fencing shall not be allowed.
d. Native vegetation must be maintained outside the building envelope as long as it
complies with the wildfire mitigation stated above.
e. Any vegetation altered for an access road must be replaced with vegetation equal
in type and quantity to that being removed in accordance with a mitigation plan to
be approved by the Pitkin County Wildlife Biologist.
f. Fruit bearing trees shall not be allowed for landscaping on the property. Bird
feeders cannot be mounted on windows or siding of the house. Feeders must be
placed at least 10 feet off the ground. Pets shall be feed indoors.
g. Tall, overly mature trees and standing dead trees should be retained whenever
possible.
h. Any disturbed areas outside the building envelope must be revegetated with
native plants according to a revegetation plan submitted and approved by the
Pitkin County Wildlife Biologist prior to issuance of a Certificate of Occupancy.
i. All utility lines shall be buried in the driveway alignment.
8. 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.
9. The Applicant shall join a Road Improvement District should one be formed.
10. Lighting shall comply with the Pitkin County lighting standards in effect at the time
of installation. There shall be no lighting associated with the proposed windmill
structure.
11. Any windmill generator exceeding 20 feet in height shall apply for a variance from
the Board of Adjustment prior to submission for building permit.
12. Floor area shall be limited to 5,750 square feet exempt from growth management or
use of TDRs.
13. 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 to minimize the overflow of dirt and
siltation. The fencing shall remain in place until issuance of Certificate of
Occupancy.
14. This approval and takings remediation shall be valid for one year 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.
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APPROVED ON THE 24th DAY OF JULY 2002.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
By /U
Patti Kai Clapper
Chairperson
ATTEST:,
Lyndee . Dean, Clerk to the BOCC
C
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Cindy Houben John Ely
Community Development Director C9 ttomey
Case#P46-02
PID#246536400012
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EXHIBIT A (Continued)
radius of 100 .00 feet ;
Thence South 68025 ' 00" West 336 . 00 feet ;
Thence 199 . 08 feet along the arc of a curve to the right having a
radius of 200 . 00 feet ;
Thence North 54°33 ' 00" West 32 . 50 feet left having a
Thence 135 .26 feet along the arc of a curve to the
radius of 50 . 00 feet; a radius
Thence 85 . 88 feet alon g the arc Of a curve to the left having
of 175 . 00 feet;
Thence South 57°40 ' 00" East 280 .0o feet ;
T
Thence 231 . 69 feet along the arc of a curve to the left having a
radius of 225 .00 feet;
Thence 450 . 88 feet along the arc of a curve to the right having a
radius of 500 . 00 feet ;
o£ a curve to the left having a
Thence 171. 04 feet along the arc
radius of 100 . 00 feet ;
17°00 ' 00" East 160 .00 feet ;
Thence North e arc of a curve to the right having a
Thence 323 . 76 feet along the
radius of 350 . 00 feet;
Thence 223 .48 feet along the arc of a curve to the ].eft having a
radius of 350 . 00 feet;
Thence North 33°25 ' 00" East 482 . 50 feet;
Thence 229 . 99 feet along the arc of a curve to the left having a
radius of 630 . 00 feet;
Thence 797 . 03 feet along the arc of a curve to the right having a
radius of 1000 . 00 feet;
Thence 159 . 03 feet along the arc o£ a curve to the right having a
radius of 55 . 00 feet; ,,
West 350 . 00 feet;
us of 400 . 00 feet;Thence 431 . 66 feet along the arc of a curve to the left having a
Thence South 43050 ' 00
rad the arc of a curve to the right having a
i
Thence 877 . 03 feet along
radius of 3000 . 00 feet;
Thence South 01015 ' 00" East 265 . 0o feet;
Thence 209 .42 feet along the arc of a curve to the left having a
radius of 72 . 50 feet;
Thence North 13°15 ' 00" East 117 . 50 feet ; right having a
Thence 541 . 99 feet along the arc of a curve to the
radius of 682 .50 feet;
Thence North 58045 ' Ea l arc feet;
al curve to the left having a
Thence 261 . 22 feet along the c of a
radius of 400 . 00 feat;
Thence North 21020 ' 00" East 275 .00 feet;
Thence 562 . 87 feet along the arc of a curve to the right having a
radius of 300 . 00 feet;
Thence south 51°10 ' 00" East 382 . 00 feet;
Thence so1 . 68 feet along the arc of a curve to the left having a
So
radius of 850 .00 feet ;
of a curve to the left having a
Thence 411 . 03 feet along- the arc
radius of 900 . 00 feet; of a curve to the left having a
Thence radius 127 . 99of feet00 alon the arc
et to the end of said road
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EXHIBIT A (Continued) -
Thence South 73'39 ' 10" West 24 .arc o feet; e left having a radius
Thence 89 . 52 feet along the arc of a curve to th
the right having
of 81 . 00 feet;
feet along the arc of a curve to
Thence 147 . 23
radius of 97 - 00 feet ;
a
Thence 125 . 11 feet along the arc of a curve to the left having
radius of 230 . 00 feet; West 82 . 00 feet;
the arc of a curve to the
feet al left having a
Thence South 6
Thence 125 . 54 feet along
radius of 95 . 00 feet; East 195 . 00 feet;
Thence South 09'35 ' 00"
Thence 206 . 53 feet along the arc of a curve to the right having a
radius of 250 . 00 feet; the arc of a curve to the left having a
Thence 129 . 81 feet along
radius of 250 . 00 feet ; West 128 . 00 feet;rve to the right having a
Thence South 08'00 ' 00" the arc of a
Thence 316 .67 feet along
radius of 252 - 00 feet; West 279 .00 feet;
Thence South 80000 ' 00"
Thence 131 . 74 feet along the arc o£ a curve to the left having
radius of 148 . 00 feet;Thence South 29'00 ' 00" `hest 310 .00 fae
arc
Thence 124 e curve to the left having a
. 39 feet along
radius of 305 .00 feet;
feet ; the
Thence South 05-38 * 00' West 982 . 00
Thence 77 .32 feet along dthe arcwhi Ofca curvearse to North e66-06 , 001, East
ft having a he chordrus
ve
of 75 .00 feet,
73 . 94 feet ; a " East 740 .00 feet;
Thence North 36 34 ' 00
long the arc of a curve to the
Thence 445 .08 feet a right havinhaving4 a
radius of 2030 . 87 feet; the arc of a curve to the right
Thence 102 . 94 feet along f which curve bears
radius of 80 .00 feet, the chord o South 02'40 ' S0'
East 95 - 99 feet ; the arc of a curve to the left having a
Thence 195 .40 feet along right having a
radius of 312 . 00 feet ; arc of a curve to the
Thence 420 . 00 feet along the
radius of 1098 .00 feet; 407 . 00 feet;
the arc left having a
Thence South 20 13 ' 00" Wear of a curve to the
Thence 119 . 94 feet along
radius of 480 . 00 feet; the arc of a curve to the right having a
Thence 155 . 26 feet along
radius of 480 . 00 feet; the arc of a curve to the left having a
Thence 451 . 35 feet along right having a
radius of 615 .00 feet; the arc of a curve to the rig
Thence 229 . 09 feet along
radius of 466 . 00 feet; 00 feet; right having a
Thence South 10'33 ' 00" West arc of a curve to the rig
Thence 97 . 98 feet along
theradius of 189 .13 feet;' 00 a radius
Thence South 40'14 " West 686 . 52;
Thence 0 . 32 feet along the arc o£ a curve to the left
a
of 187 . 50 ;
of a curve
Thence 97 . 36 feet along the arc to the r1g
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EXHIBIT A
A parcel of Land situated in the Southeast 1/4 of Section 36 ,
Township 8 South, Range 87 West of the 6th Principal Meridian, being
more fully described as follows :
BEGINNING at the Southeast corner of said Section 36 ;
Thence North 22-18153 " West 981 .44 feet ;
Thence 127 . 99 feet along the arc of a curve to the right having a
radius of 160 . 00 feet, the chord of which curve bears South 51�59 ' S9"
West 124361 feet;
Thence 411 . 03 feet along the arc of a curve to the right hava.ng a
radius of 900 . 00 feet;
T of a curve to the right having a
Thence 411 . 68 feet along the arc
radius of 850 . 00 feet ;
Thence North 51°10 ' West 382 .00 feet ; to the left having a
Thence 152 . 80 feet along the arc of a curve
radius of 300 . 00 feet ; co a point on the East line
Thence North 58-22 ' 10" East 1975 . 94 feet
of said Section 36 ;
£ said Section 36 South 00'00 ' S6" East
Thence following the East line o
2326 . 88 feet to the point of beginning,
to
TOGETHER with any and all easementsincludin and ts including, but not 1Pmitedntotthe
the above-described real property,
following easements :
Easement No. 1
oses and for
A non-exclusive easement or righChiouwhyand for
acrossp art Tact sixty (60)
location of utility lines over, Township 8 South, Range 87 West of
feet in width, being in Section 25,
the 6th Principal Meridian, the centerline of which is Page
19s, lly
described in Book 234 at records;
703 and 'in Book 245 at Page 195, Pitkin
County, Colorado,
Easement No. 2 .
A non-exclusive easement or righ
t-of-way
across autractssixtyf (60�or he
location of utility line over, Township 8 South, Range 87 West of
feet in width, being in Section 25,
the 6th Principal Meridian, granted by that certain Special
ofa Land
9e
permit C-7694 issued by the Department of Interior,
Management .
Easement No . 3 .
sment oad Purposes
location cofsive ityelinesosituated inwSectionr 36, Township Bn South,
d for che
Range 87 West of the 6th Principal Meridian, Pitkin County, Colorado.
Said easement is 60 feet in width, lying 30 feet on each side of the
following described centerline:
BEGINNING
Na= h Point
on 28"the
tNorth
315 .One-Qua70 rter
Corner of said Section
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