HomeMy WebLinkAboutbocc.res.142.2002 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE KISTER 1041 HAZARD REVIEW,
CONCEPTUAL SUBMISSION, SPECIAL REVIEW AND GROWTH MANAGEMENT
EXEMPTION FOR A TDR RECEIVER SITE AND CARETAKER DWELLING UNIT
Resolution No./V;=2002
RECITALS
1. Mark Kister(hereafter"Applicant")has applied to the Board of County Commissioners(hereafter
"BOCC")for 1041 Hazard Review and Conceptual Submission approval to establish building
envelopes on two lots of a state subdivided property,and a Growth Management Exemption for a
TDR Receiver Site and Caretaker Dwelling Unit.
2. The property is located on the south side of West Sopris Creek Road and is more specifically
described in Exhibit A.
3. The property is zoned RS-30 PUD and contains approximately 80 acres.
4. The BOCC heard this application at a public hearing on August 24, 2002, at which time evidence
and testimony were presented with respect to this application
NOW,THEREFORE,BE IT RESOLVED by the BOCC that it does hereby grant approval to
the Kister 1041 Hazard Review and Conceptual Submission, Special Review and Growth Management
Exemption for a TDR Receiver Site and Caretaker Dwelling Unit, subject to the following conditions,
which shall run with the land and be binding on all successors in interest:
l. 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 well envelope for the existing well on Lot 1,which will include the water line envelope to
the residential envelope. The well envelope shall avoid slopes of greater than 30 percent and shall be
approved by Community Development prior to recordation. The site plan shall also be submittedin
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 septic permits,the applicant shall provide documentation to the Environmental
Health Department as to the quantity and quality of the water on the properties.
IIIIII IIIII IIIIII 11111
Jill
111111111111111
1111i
11111111
8 099 0//20 0009:01F
0
BOCC Resolution NoAX2002
Page 2
4. Septic permits shall be obtained from and approved by the Environmental Health Department,prior
to issuance of building permits. The septic systems shall be located within the designated envelopes.
The systems must comply with all minimum horizontal setback requirements between components
and physical features. A qualified professional engineer must design the systems
5. The Applicant shall obtain an access permit from the Pitkin County Engineer prior to building permit
submission for either lot. The Applicant shall adhere to upgrades to access road as mandated by the
Pitkin County Engineer.
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 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 6
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 and clump existing shrubby vegetation.
The maximum diameter of clumps allowed to remain is 2 times the height of the existing
vegetation. The spacing between clumps shall be 2 Yz times the height of the existing
shrubs.
F. Spacing between clumps of brush and vegetation withinthe 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 density of fuels within a 100 foot perimeter of the structures shall be reduced where
natural reduction has not already occurred.
1. The lower limbs of all shrubs allowed to remain should be removed up to half the height of
the plant.
J. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet
of the chimneys shall be removed.
K. All deadfall within the 150 foot perimeter shall be removed.
L. 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:
IIIIII IIIII IIIIII IIII�IIII IIIIII IIIIII IIf IIIII IIII IIII Page: 2 9/0/220002 09:019 O
00
BOCC Resolution Nokk002
Page 3
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 accessibleto Fire Department vehicles.
1. 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 mitgate impacts to wildlife:
A. All dogs shall be kenneled on the property at all times. All pets shall be fed indoors
B. Bird feeders shall not be mounted on windows or the sides of structures. Seed feeders shall
be mounted at least 10 feet from the ground with a seed catchments.
C. Horse feed shall be stored in a bear proof container and locked.
D. Installation and use of approved bear proof trash containers is required on the property. The
Pitkin County Wildlife Biologist prior to issuance of Certificate of Occupancy shall require
verification of this condition.
E. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of
black bear activity in this area.
F. Native vegetation shall be maintained outside of the approved building envelope as long
as it complies with the wildfire mitigation stated above.
G. All wood fencing shall employ 3 rails or less, be the round or split type, shall not exceed
48 inches in height above ground level and 12 inches in width(top view), and shall have
at least 18 inches between the two rails. Wire fencing shall consist of no more than 3
strands of smooth or barbed wire and shall not exceed 42 inches in height.
10. No development, including grading, landscaping,vegetation removal or disturbance, shall occur
outside of the approved building envelopes, except for utility and driveway extension,maintenance
and grazing purposes, and as may be necessary to implement the wildfire mitigation measures
required elsewhere in this document.
472083
I IIIIII IIIII IIIIII IIIII IIII IIIIII IIIIII III IIIII IIII IIII 09110/20 00 9.01f 3
0
BOCC Resolution No&2002
Page 4
11. Prior to commencement of any earthmoving or construction activity, the Applicants shall stake
the corners of the building envelopes and install construction fencing around the perimeter of the
building envelopes. 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 pro-approved by the County Engineer.
13. 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.
14. Up to 5,750 square feet of floor area, exempt from Growth Management or use of TDRs, shall be
allowed on Lot 1. Floor area shall be calculated based on the definition in effect at the time of
building permit submittal.
15. At building permit application for the residence on Lot 2,the Applicant shall surrender original
Certificates of TDRs and a copy of the deed evidencing the Applicant's acquisition of the
Certificates (if applicable), in order to develop up to 5,000 square feet of floor area.
The development on Lot 2 shall be limited to a maximum of 5,000 square feet of floor area,
including the caretaker dwelling unit, unless additional floor area is obtained in accordance with
the Land Use Code. Floor area shall be calculated based on the definition in effect at the time of
building permit application.
16. The caretaker dwelling unit on Lot 1 and/or Lot 2 shall be subject to the following conditions:
A. The unit shall remain less than 700 net livable square feet.
B. The kitchen shall contain at least a two burner stove with oven, standard sink, and at least
a 6-cubic foot refrigerator plus freezer.
C. One off-street parking space shall be provided for the unit.
D. A deed restriction for the caretaker dwelling unit shall be recorded prior to certificate of
occupancy approval for the caretaker dwelling unit.
E. Prior to Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall
conduct a site visit.
F. Floor plans for the unit shall be provided to the Housing Office prior to building permit
approval.
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 August 14, 2005.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIO 99 0//20000009:01C
BOCC Resolution No.f V002
Page 5
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 8" DAY OF JUNE 2002.
APPROVED ON THE 14" DAY OF AUGUST 2002.
PUBLISHED AFTER ADOPTIO LFOR VESTED REAL PROPERTY RIGHTS IN THE
ASPEN TIMES WEEKLY O z
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY,COLORADO
r
BY
Patty Kay-Clapper,thair
ATTES
L ler the BOCC
AtiLE7-t4 E 5
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Cindy Houbent Joh
Community Development Director ttorney
Case#P067-02
PID#246527200001
N 472083
/
IIIIIII�NIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII009/10//20000 9.01E
5
7--4
"o
m275 Nam
LEGAL D93CRIPTION'
(Strong property)
That certain prope-ty, situated In Township S South,
Range 87 west of the Sixth Principal Meridian, described as
follows;
— The South half; the South half of the North half; the
Northeast quarter of the Northeast quarter; and Lots
2 and 3 of Section 34.
That nerrinw of Let 6 in Se td 27 lY1 [ d b i
in the Southwest.coiner of said Lot 6, and 1y1a5 out-
- side of the feaoo now *"ad jointly by prank L. Cerise
and Georgina Cerise, containing, 5.40 acres, more or loss.
That portion of.Tracts 7S, 76 tad,77 in Sections 27, 23,
33 and 3e lying,.Easterly of like, following described line-,
n said line being'the. ■osth-and South canter line of said 4)
Sections 29 and.33; beginning at a polat om the Northerly 0;
line of said Tract 77, whence Corner No. 1 of Tract 77
bears South e50 $dw East 113.41 foot, thence South Oo 02w ,. p m
East along the centerline of amid Sections 2a sad 33 :o � O
its intersection with the Sout\ 'line of said Tract 77,
whence Career Me. a of Tract 77 beers North $De e3• East 0 b N O
— 90.73 feet. (V u m
That portion of Tract 79 in Sections 29, 29. 32 and 33 a
lying Easterly of the Neat Has of the Northeast quarter
Of the Northeast quarterof Section:32 a" lying East- m
r Orly of the Nest line of the Southeast quarter of the smenems�m
Southeast quarter of Sentiox 29. m
That portion of the North half of the Southeest quarter,
and of Lots 3 and e, of Section 29 lyin5 Southerly of
the newly r al4gaed Pitkin County Road No. 2. u�
— All that portion of Tract 7S in Sections 23 wad 33 ex-
cept the South 41.26 acres, mere or less, lying South-
erly of a line drawn from A.P. 3 to A.P. 7 of said u
Tract 79. ��
mma�a
That portion of Tract 77 in Sections Ie and 33 lying ��
No to rly of the North-South unto line of Sections 29
•ad 33.
Z
Together with all water and avatar rights, ditches and F
— ditch rights %hereunto belonging, including but not ��n
limited to, all iatorest in the Martin Ditch and the
0.5 cubic foot of worst per second of time allowed to m
flow therein under Priority No. 125 and 0.2 cubic foot
of water per second of time allowed to flew -therein a
under Priority No. ISO and the 0.63 cubic foot of
— voter per second of tine allowed to flow therein under
Priority No. 314 E. Also all icteresa in %he Martin S.
N
EXHIBIT A
s �
ou275 Mu805
�. Ditch and the 0.21 cubic foot of rater per second of
time allowed to flow therein under Priority No. 286
and the 0.22 cubic foot of water per second of time
a llowd to flow therein under Priority No. elaP.
Also all interest it the Martin No. 3 Ditch and the
0.5 cubic foot of water par second of time allowed
to flow therein under Priority No. 291and 0.79
cubic foot of -star ?es second of time allowed to
flow therein under P:.iority'Hu. ell G. Also all
interest in the Martin No. i Ditch and the 0.26
cubit foot of rater for second of time allowed to
r flow therein under Priority No. 330 and the 0.69
cubic foot of water p:.r second of tins allowed to
flow therein under Priority No. 616 H.
Also all interest in the Sloss Ditch sad the 2.5
cubic feet of water per second of time.allowed.to
flew therein under.Priority Na: 71,'naiL 2.S�.eable
foot of water per seeoni. a tl+a 813
thereL''under Priorit7710 162 !}}11
in the Highland No- 2.:Dfeo►,i;t,'^'.
ot'water pot socoad oY.t3ma it
under Priority No ig♦p' aE}1'l.c
Ditch and,the 3 0 ambl'
time allowed to flex
Also all interest is E-
0.31 cubiw feat ol.,
to flow t►eroin o ;r:f
cubic feet oS+at } a p s,
'r flow therein endos3, 1tY 'Fill
interest L.tLe C { t t 'ge O.S
cubic foot of watepiri(aa elTevsd in
the Coviss Sol. No. 2 01tc►xmed tho 0.6 table foot
of water par second of.tins-allow"-'to flew:-thersL
a.. under Priority No. 272.. Also all Ltorest In the
East Nmea Ditch (West Sopris) and the 0.33 cubic
foot of ..Car per second of ciao allowed to flow
therein under Priority No. 329 and the 0.33 cubic
foot of water .:er second of time allowed to flew
therein under :'riority No. ale D.
Together with all grating privileges on the public.
domain and tht National Forest.
r
11HISIT A - Page 2
472
III 11111 IN 1111111111111III 11110Page:9/0osof 7 02 s 09:01P
t... SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 N/
i