HomeMy WebLinkAboutbocc.res.098.2015 RECEPTION#: 626131. 01/06/2016 at
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1 OF 6, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,FINDING A TAKING AND REMEDIATING THE TAKING FOR THE
LORENA LAUCKS REVOCABLE TRUST
Resolution No.'-n5-2015
RECITALS
1. Lorena Laucks Revocable Trust("Applicant")applied to the Community Development Director
("Director")to obtain approval of an activity envelope for a single family residence and associated
development.
2. The property is located on Midnight Mine Road and is more specifically described as the Horseshoe
Lode,U.S. Mineral Survey No. 6010, located in Section 25, Township 10 South,Range 85 West of
the 6th P.M.
3. The property is zoned Rural/Remote and contains 10.11 acres.
4. The parcel was created by patent in 1892. The parcel has not merged with adjacent parcels.
5. An existing cabin was built on the property without County approval or permit.
6. The Community Development Director("Director")denied the application,pursuant to Administrative
Decision No. 58-2015. The Director found that two areas included in the Activity Envelope are
within the High Hazard/Red Avalanche Zone—the northern portion of the driveway and the area at
the southern end of the envelope that is designated for"Subsurface Use Only"in which to install an
on-site wastewater treatment system. Sec. 7-20-50(a)(1)of the Code prohibits development within
High Hazard Zone.
7. The Applicant submitted a request for a takings determination pursuant to Sec.2-40-150 of the Code
to determine whether the Director's denial of the application constitutes a taking of private property
without just compensation.
8. The BOCC considered the takings request at a regular meeting October 28,2015, at which time
further evidence and testimony were presented with respect to the taking.
9. The BOCC determined that a taking had occurred pursuant to Sec.2-40-150(d)of the Code,based on
the following fmdings:
A. The activity envelope cannot be accessed without crossing the High Hazard/Red Avalanche
Zone.
B. The denial constitutes a taking of all reasonable use and economic return on the property.
10. The BOCC further finds that it is not appropriate to allow the Activity Envelope for Subsurface Use
Only within the High Hazard/Red Avalanche Zone, due to the potential for compaction of the soils,
which changes the structure of the soil and its ability to allow effluent to percolate through it and
treat it.
11. The BOCC considered the remediation at a regular meeting on December 16,2015, at which time the
conditions of approval for the remediation were accepted.
Resolution Nang-2015
Page 2
NOW,THEREFORE,BE IT RESOLVED by the BOCC that the denial of the Lorena Laucks
Revocable Trust Activity Envelope Review constitutes a taking pursuant to Sec. 2-40-150 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 material representations made in the application or in public
meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2. The Applicant shall obtain a demolition permit to remove the cabin. The cabin shall be removed by
July 30,2016,and the site shall be remediated. The cabin shall not be occupied from the date of this
approval until its removal.
3. Prior to submission of the Site Plan Review application,the Applicant shall be required to submit for
approval by the County Attorney and Community Development Director an Activity Envelope Plan
in accordance with Land Use Code Section 2-30-20(g)and Application Manual Section 2.1.1. The
above referenced approvals shall be a condition precedent to finalization and recordation. The
Activity Envelope Plan shall be amended as follows,prior to submission for recordation:
A. Remove the portion of the Activity Envelope within the Red Zone that was designated for
"Subsurface Use Only."
B. Change references from"White Zone"to"Blue Zone."
4. Prior to submission of any building permit applications,the Applicant shall be required to submit for
approval an application for Site Plan Review,pursuant to Secs. 2-30-20 and 7-10-50 of the Code,
which application shall be reviewed by the Board of County Commissioners. In addition to all other
requirements,the Site Plan application shall include:
A. Site and structure-specific avalanche mitigation designed by a certified professional engineer
licensed in the State of Colorado. Mitigation shall address the orientation of walls and roofs,the
dynamic response of the structure,the loading sequence and interaction between structural
components,variations in impact loading with height,and the effects of deflected avalanche
flows. Mitigation to ensure the safety of users of the driveway shall also be addressed. The
mitigation shall be reviewed by the Colorado Geological Survey.
B. If development within the Activity Envelope encroaches onto slopes in excess of 45%,an
engineer or geologist licensed in the State of Colorado shall demonstrate that there is no hazard
posed by the location of development on those slopes. The Site Plan shall demonstrate
compliance with the engineer or geologist's recommended mitigation measures, and shall show
the area of disturbed slope, any re-grading required and the exact size and location of all
mitigation devices. The mitigation measures must be determined by the Community
Development Department to be the least visually and ecologically obtrusive alternatives. To the
extent possible,the development shall be designed so as to: avoid adding water to the site that
would cause decreased stability; avoid removing the toe of the slope without adequate
mechanical support; avoid increasing the weight load on top of the slope;re-contour disturbed
slopes so that they can be re-vegetated; avoid steepening of existing slopes.
Resolution No./(-2015
Page 3
C. Proposed building setbacks.
D. Driveway improvements necessary to meet the minimum standards for a driveway in
Rural/Remote as specified in the Road Management and Maintenance Plan.
E. Proposed type and location of on-site wastewater treatment system.
5. Concurrent with submission of a building permit application for the residence,the Applicant shall:
A. Provide proof of an adequate water supply(in terms of quantity and availability)for domestic and
fire protection purposes,and for irrigation purposes,if applicable.
B. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All
historic and natural drainage patterns shall be maintained. Stormwater shall be detained onsite and
allow infiltration of runoff prior to discharge.
C. Submit a construction management plan for review and approval by the Planning Engineer.
D. Complete a fireplace/woodstove permit from the Community Development Department.
E. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
F. Submit a tree mitigation plan if any trees with larger than 6"DBH are to be removed.
G. Submit a lighting plan.
6. Prior to issuance of a building permit application,the Applicant shall:
A. Obtain an on-site wastewater treatment system permit from the Environmental Health.
B. Pay the applicable road and employee housing impact fees.
7. Prior to issuance of a Certificate of Occupancy for the new residence,the Applicant shall complete the
avalanche and debris flow mitigation and submit a report to the Community Development Department
that outlines the adequacy of all hazard mitigation measures. The report shall be stamped and signed by
a licensed engineer in the State of Colorado.
8. Prior to commencement of any earthmoving or construction activity,the Applicant shall stake the
corners of the activity envelope and install construction fencing around the perimeter of the
envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the
residence.
9. The parcel is exempt from growth management up to 1,000 square feet plus additional floor area as
allowed in the Rural/Remote zone district pursuant to the Code.
10. The driveway shall not be maintained during the winter.
11. No development, including well, on-site wastewater treatment system,grading,excavation,fill
placement,berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall
occur outside of the approved Activity Envelope, except as required for wildfire mitigation.
12. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity envelope.
B. Provide waste storage that complies with the County Code regarding bear-proof containers.
C. Avoid fruit-bearing trees and shrubs in any landscaping.
D. Construction workers shall be prohibited from bringing dogs on-site during construction.
Resolution No.U"1 D-2015
Page 4
E. All outside doors shall utilize only solid round handled door knobs unless another type is required
by the applicable building code for disabled accessibility purposes.
F. Bird feeders, including hummingbird feeders,shall be hung away from any deck or window,and
shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall
include a seed catchment pan to catch discarded seeds.
G. Fencing shall comply with the fencing regulations in the Land Use Code regarding wildlife friendly
fencing requirements.
13. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection
District, including but not limited to access,adequate area for turning around of fire equipment,
installation of an approved fire sprinkler system and provision of an adequate water supply for
firefighting.
14. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, 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):
1) Brush,debris,and non-ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
2) 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.
3) 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.
4) 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.
5) Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between
the edges of the crowns.
6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet
of the chimneys shall be removed.
7) The density of fuels within a 100 foot perimeter of the structures shall be reduced.
8) All deadfall up to a 100 foot perimeter shall be removed.
9) No new conifer trees shall be planted within 10 feet of a residence.
10)No flammable mulches shall be placed within two feet of a residence.
11) The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
B. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly
as defined in the building code. Wood shake/shingle roof coverings are prohibited. Roofs with
less than a 3:12 pitch are not permitted unless they comply with the following:
1) All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
Resolution No.M-201 S
Page 5
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the
roof.
3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the
roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the approved building code and shall have a minimum
slope of 1:48.
5) All roof designs,coverings or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
C. Roof Venting
1) Soffit venting shall be located in the outer 1/3rd portion of the overhang.
2) Attic, soffit and other roof venting shall be of non-corrosive metal mesh with maximum 'A"
openings.
D. Projections at the Roofline, including Soffits, Rafters,Porch or Deck Roofs,Fascias, or Other:
1) Sheath with non-combustible materials, or
2) Combustible materials underlain with 5/8"Type X gypboard or equal, or
3) Minimum 4x6 rafters with 2x T&G decking.
E. Decks,Decking,Cantilevered Floors,or Other Projections Below the Roofline: Minimum 6x6
posts, 6x10 beams, 3x8 joists,3x decking, and 2x railings, or equivalent log construction.
F. Additional wildfire mitigation standards:
1) Roof vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum.
2) Roofs and gutters shall be kept clear of debris.
3) Yards shall be kept clear of all litter,slash,and flammable debris.
4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a
minimum of 15 feet away from any structure.
5) Swimming pools or ponds shall be accessible to Fire Department vehicles, if required.
6) Fences shall be kept clear of brush and debris.
7) Wood fences shall not connect to the structure.
8) Fuel tanks shall be installed underground with an approved container.
9) 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.
10) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed
in a visible and accessible location.
11) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
12)New utility lines shall be buried within the driveway.
15. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one
growing season of the project's completion.
16. The Applicant shall comply with the County's Noxious Weed Management Plan.
Resolution No.01(-2015
Page 6
17. No calculations for height,bulk, setbacks, size,floor area,or any other building and zoning
requirements have been conducted. These requirements will be considered at the time of building
permit. Any structures represented in the application may not be permitted under building and zoning
regulations.
18. Failure to comply with the conditions of this approval may result in revocation of this approval,or
any subsequent permit(s)or approval(s)related to this property,or vested rights associated with this
property.
19. 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
cC�o_de, §4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
r�Cember lip,2018.
APPROVED AND ADOPTED on the 16th day of December,2015.
PUBLISHED AFTER ADOPJION F 1 ' VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the day of,', ;Oa 1' _ 2016.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY,COLORADO
By lr-t� e-- r��1
Steven F.Child,Chairman
ST:
.1 /L .k tilt-0
Je. 4 tte Jones,Clerk it the BOCC
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Cau CA „ .._.
Ci y 0(111°4\1.e-ben • Ely
Community Development Director Coun . orney
P002-15
PID#273525200035