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Home My WebLink Aboutbocc.res.191.2002 473826 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 09/2//20022 03:16P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,APPROVING THE RATHER SUBDMSION,CONCEPTUAL SUBMISSION,AND 1041 HAZARD REVIEW Resolution No./r/1 2002 RECITALS I. Ray and Maxine Rather("Applicant")have applied to the Board of County Commissioners (`BOCC")to subdivide the approximate 15 acres of their property in Pitkin County from the remainder of the property in Eagle County. 2. The property is located at Emma Road and Hooks Lane and is specifically described in attached Exhibit A. 3. The property is zoned AFR-10. 4. The Planning and Zoning Commission considered this application at a regular meeting on July 2, 2002,and recommended approval with conditions by a vote of 4-0. 5. The Board of County Commissioners considered this application at a duly noticed public hearing on September 11,2002,and a regular meeting on September 25,2002, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the application is generally consistent will the applicable provisions of the Pitkin County Land Use Code. NOW THEREFORE BE IT RESOLVED by the BOCC that it does hereby approve the Rather Subdivision Conceptual Submission, 1041 Hazard Review, subject to the following conditions,which shall run with the land and be binding on all successors in interest: 1. Prior to submission of an earthmoving or building permit application,the Applicant shall submit a Final Plat to the Community Development Department for review and approval by the County Engileer, County Attorney and the Community Development Department in accordance with section 5.40 of the Pitkin County Land Use Code. The Plat shall also be submitted in digital format for integration into the County's GIS system. The Plat shall also reflectthe following: A. The breakdown in acreage on the property shall be represented clearly. B. The right-of-way dedication to the County shall be 30 foot from the centerline of Emma Road and Hooks Lane. C. The agricultural envelope shall connect with the building envelope or the envelopes shall be combined into one envelope. D. The well easement shall be delineated. 2. At Detailed Submission the Applicant shall submit Protective Covenants for review and approval of the County Attorney,County Engineer, and Community Development. Page 2 11111111111111111111111111111111111111111111111111 073$ Reso u Page: 2 of 6 022 03.16P l tion No. �-2002 g SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 3. If the existing well needs to be replaced in the future,the well shall be located on the subject property and be located within either the agricultural or building envelope. The property owner shall provide documentation of adequate quality and quantity of water to the Environmental Health Department. The well may be located outside of the building envelope, if approved by the Environmental Health and Community Development Departments. 4. The septic system shall be located within the approved building or agricultural envelope,and must comply with the setback requirements from surface and groundwater sources. Septic systems may be located outside of the building envelopes, if approved by the Environmental Health Department and the Community Development Department. 5. The Applicant shall comply with the following wildlife mitigation: A. All waste storage shall comply with Wildlife Protection Ordinance No. 010-2001. Prior to Certificate of Occupancy, compliance with the ordinance shall be verified. B. New fencing shall comply with Pitkin County guidelines at the time of installation and shall be wildlife friendly. C. Fruit-bearing trees and shrubs should be avoided in any landscaping. D. Compliance with the provisions of the Pitkin County Noxious Weed Management Plan. E. Any haystacks for horses shall be fenced at the owner's expense with 8' high mesh game proof fencing. 6. If the property is redeveloped, prior to the submittal of any earthmoving or building permits,the Applicant shall work with the Environmental Health Department to produce a PM-10 mitigation plan containing specific, enforceable control measures and documenting that the proposed mitigation measures will fully mitigate for all PM-10 increases, if any, in the non-attainment area caused by the development. 7. If the property is redeveloped or expanded, prior to the issuance of any building permits,the Applicant shall pay the applicable road impact fee. 8. If the property is redeveloped,the Applicant shall submit an overall Fujtive Dust Control Plan for the proposed common improvements for review and approval by the Environmental Health Department. The Plan shall include measures to insure that dust does not become a nuisance or blow onto adjacent property. 9. If the property is redeveloped in any capacity,prior to the issuance of any building permits,the Applicant shall submit a site-specific Drainage and Erosion Control plan,which addresses management during construction as well as post-construction,for review and approval by the County Engineer. 10. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: Page 3 111111111111111111111111111111111111111111111111111 0 022 03.36P 26 Resou Page: 3 of 6 l tion No. -2002 SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 A. For a distance of 10 feet around all structures,maintain vegetation at a height of 6"or less with mowed grass, low growing perennials or hardscape. Woody vegetation shall not be planted within this perimeter. B. The Applicant shall be responsible for the continued maintenance of the defensible space requirements. 11. The Applicant shall comply with the following additional wildfire mitigation standards: A. New roofs shall have a non-combustible roof covering on a Class A assembly. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: 1) All roof coverings shall be noncombustible materials as defined in the Uniform Building Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly. 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 roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by UBC 1997 Chapter 15 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. B. Vents shall be screened with corrosive resistant wire mesh with mesh '/<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 and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Swimming pools or ponds shall be accessible to Fire Department vehicles. G. Fences shall be kept clear of brush and debris. H. Wood fences shall not connect to the structure. I. Fuel tanks shall be installed underground with an approved container. J. 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 anyabove-ground 473826 Resolution No. L-2002 I IIIIII IIIII IIIIII IIIII IIIIII III(IIIIII III IIIII IIII IIII Page: 4 of 6 0//2//20022 03:16P Page 4 SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 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. K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. L. Addresses shall be clearly marked with 2-inch non-combustible letters and shall be visible and installed on a non-combustible post. M. New utility lines shall be buried within the driveway. 12. No development, including grading,excavating, fill placement, berming, decorative or ornamental entry gates aside from what exists, construction parking or staging shall occur outside of the approved building or agricultural envelopes unless otherwise specified in this document. Vegetation removal or disturbance shall not occur outside of the approved building or agricultural envelopes, except as necessary for agricultural operations. Weed control, irrigation practices,control burns, and when necessary wildfire mitigation may be undertaken. Additional landscaping may occur outside of the building or agricultural envelopes pursuant to a Landscape Plan reviewed by the Community Development and Natural Resources Departments.Utility extension and maintenance shall occur within the approved building or agricultural envelopes and/or within the existing driveway alignment. 13. If the property is redeveloped, 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. 14. Prior to commencement of any earthmoving or construction activity,the Applicant shall stake the corners of the building and/or accessory envelope and install construction fencing around the perimeter of the building and/or accessory envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 15. The Applicant shall comply with the codes and standards of the Basalt and Rural Fire Protection District. 16. Exterior lighting shall comply with the County's lighting regulations in effect at the time of installation. 17. If the property is redeveloped,prior to the submittal of any building permit applications,a Construction Management Plan in accordance to the Asset Management Plan shall be submitted for review and approval by the County Engineer. The Construction Management Plan shall indicate that vehicles associated with construction(i.e.employee traffic,construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of-way. 18. Development of 30 inches above or below grade within the required property setbacks requires approval of a variance by the Board of Adjustment. Resolution No.AFI-2002 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVille 473826: 5of 6 111111111 Page. 02 Page 5SILVIA DAVIS PITKIN COUNTY CO R 0.00 10/22 0 0 03:16P 0.00 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on August 10,2002. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 11th day of September, 2002. APPROVED AND ADOPTED AFTER SECOND READING on the 25th day of September, 2002. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the :9 G day of Pub, 2002. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,COLORADO ByWV& / C Patti Kay-Cla per,Chair AT S Date ID- a - �2 Cle to the BOCC 4Ma 4+'r4 ew£..c' ROVED AS TO FORM: APPROVED AS TO CONTENT: �C John El ndy Houben, C ttorney Community Development Director P041-02 246511300008 lancedcases/ratherconceptualsubreso.doc Our Order No. Q381903 LEGAL DESCRIPTION �Lrt A THAT PART OF TRACT 58 IN TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH P.M. ACCORDING TO SUPPLEMENTAL PLAT OF THE SURVEY CLAIMS IN SECTIONS 1, 2, 3, 4, 9. 10, 11 AND 12, INDEPENDENT RESURVEY TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 58; THENCE NORTH 89 DEGREES 20 MINUTES EAST ALONG THE SOUTH LINE OF SAID TRACT A DISTANCE OF 1294.26 FEET TO CORNER NO. 4 OF SAID TRACT, THENCE NORTH 88 DEGREES 47 MINUTES EAST ALONG SAID SOUTH LINE 90.43 FEET; THENCE NORTH 12 DEGREES 28 MINUTES WEST 820.45 FEET; THENCE NORTH 89 DEGREES 40 MINUTES WEST 208.89 FEET; THENCE SOUTH 81 DEGREES 35 MINUTES WEST 147.82, THENCE NORTH 65 DEGREES 19 MINUTES 44 SECONDS WEST 503.79 FEET; THENCE NORTH 62 DEGREES 24 MINUTES 09 SECONDS WEST 465.61 FEET, MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID TRACT 58 DEGREES WHICH IS 1223.44 FEET NORTHERLY OF SAID SOUTHWEST CORNER; THENCE SOUTH 0 DEGREES 51 MINUTES EAST ALONG SAID WEST LINE 1223.44 FEET TO THE POINT OF BEGINNING. COUNTIES OF PITKIN, AND EAGLE. 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