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HomeMy WebLinkAboutpitkin.eh.272908200014 (1997)_RESO- __r b � R41 7. J6/04/1998 03:11P RESOLUTI DAV14 _.BVI 1 of g R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMSSIONERS OF PITKIN COUNTY, COLORADO, GRANTING 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION APPROVAL TO ROGER L. BERRY Resolution No. 98-�' Roger L. Berry (hereafter "Applicant") has applied to the Pitkin County Board of County Commissioners (hereafter `Board") for 1041 Hazard Review approval to establish a building envelope for the construction of a single-family residence. 2. The property is located north of Redstone off of Dorias Way, and is more specifically described in the attached Exhibit A. 3. The property is zoned AFR-2 and contains approximately 2.13 acres. 4. This application was reviewed by the Planning and Zoning Commission (hereafter "Commission') at a regular meeting on February 17, 1998, and a unanimous recommendation of approval was forwarded to the Board. 5. The Board heard this application at its regularly scheduled meeting of May 13, 1998, at which time evidence and testimony were presented with respect to this application. 6. The Board finds that this application proposes development in the best possible location, given the hazards identified on the property and the location of the existing residence. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant approval to the Berry 1041 Hazard Review and Conceptual Submission, subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the application and in the public meetings. 2. Prior to building permit application, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan which meets the approval of the Community Development Department and County Attorney. The site plan shall include the following 1041 Hazard Review Warning and Disclaimer: "The applicant acknowledges that he/she has been informed by Pitkin County of the existence of 1041 Environmental Hazard areas that might affect the property, any improvements and the use and occupancy thereof. " The site plan shall also be submitted in a digital format for integration into the County Geographic Information System (GIS), prior to the issuance of a building permit. Outside illumination shall comply with County lighting standards in effect at the time of building permit issuance. .1_)_)11C4 - n K l) - no - 01 L-1 IIIIIii if"'" III oil 1111 in Resolution No. 98-SZ417744 4177744 4 06/04/1958 03:11P RESOL.Ii'i DAMS SILVI Paget 2 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 4. The Applicant shall comply with the following wildlife mitigation measures: a. The homesite shall be as far down on the lot as possible. b. Fencing is discouraged. If fencing is constructed, it shall be a maximum height of 42", 4 strands or less with a 12" kickspace between the top 2 strands. Any rail fencing shall be the round type, 42", 3 -rail or less with at least 18" between 2 of the rails. C. All garbage shall be kept within bear -proof garbage containers. Pet food shall not be kept outdoors. d. If horses are temporarily kept on the property, all haystacks shall be fenced with 8 -foot mesh fencing to prevent game damage. The Division of Wildlife has stated that the site is too small for horses. e. Native vegetation shall not be disturbed outside the building envelope, except as required for the implementation wildfire mitigation measures. f. There shall be a limit of one dog on the property. If a dog is to reside on the property, a kennel shall be constructed prior to the issuance of a Certificate of Occupancy. 5. Wildfire mitigation shall be as follows: a. All vegetation shall be removed within 10 feet of proposed structures. This "defensible space" area shall be maintained in mowed grass or non-flammable material, such as decorative rock or gravel. Woody vegetation such as trees and shrubs are prohibited in this area. --mc,"ed within - n fzz't Z :III ..=Ctur's. C. All deadfall trees shall be removed for a distance of 100 feet around all structures. d. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. e. All branches from trees within the stated perimeter shall be pruned to a height of 10 feet above the ground. Shrub clumps that remain shall have the lower limbs trimmed up to half the total height of the shrubs. f. Tree crown separation within the perimeters 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. g, All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. II OPEN 111111111111 IN Resolution No. 98-V % 417744 06/04/1998 03:11P R6.40LUTI DAVIS SILVI Page 3 of 3 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO h. Roofs and gutters shall be kept clear of debris. Yards shall be kept clear of all litter, slash, and flammable debris. j. Firewood shall be stacked on a parallel contour a minimum of 15 feet away from any structure. k. At least one ten pound approved ABC class fire extinguisher shall be placed in a visible and accessible location for each structure. Fences shall be kept clear of brush and debris. in. Wood fences shall not be connected to the structure. n. Fuel tanks shall be installed underground with an approved container. o. Roof construction shall be Class A, non-combustible material, with no flat roofs. P. All vents shall be screened with corrosive resistant wire mesh of one quarter inch (1/4") maximum. q. Addresses shall be clearly marked and visible with minimum 2" letters. r. Maintenance of the "defensible space" shall be required in order to retain its value as - wildfire mitigation. Oak and serviceberry tend to sprout vigorously after cutting, so it will be necessary to trim back vegetation every year or two. S. Any additional buildings shall incorporate wildfire mitigation measures. 6. Prior to issuance of a septic permit, the Applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 7. The septic system designed for the site shall meet the approval of the Environmental Health Department. The Applicant shall obtain a septic permit, prior to building permit submittal. g. The Applicant shall obtain a fireplace/woodstove permit from Environmental Health Department, prior to the issuance of a building permit. 9. The disturbed areas within the building site shall be revegetated with native grasses to limit water consumption and additional runoff, immediately following project completion. 10. All development included grading, septic system, well, and landscaping shall occur within the building envelope, except for the construction of the access driveway. 11. All utility extensions shall be buried in the access driveway. - _ -"I'll llllll It ��� I llil� III ilill Illi IiII `:. -. I DAVIS SI _ �` 1 IIIIII11111 LVI Resoiution No. 98� 417744 06/04/1898 03: Ili-OL.UT Page 4 of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 12. If required by the Carbondale Fire Protection District, the Applicant shall install and maintain a water storage tank, the size and location to be approved by the District with an approve and accessible fire district connection, for fire -fighting purposes. 13. Prior to June 1, 1998, the Applicant shall form and/or join a Road Improvements District or Association. The Applicant shall contribute 25% of the current estimate of road improvements required by the Carbondale Fire Protection District and the County Engineer. The required road improvements shall be completed, prior to June 15, 1998. 14. Prior to the Board of County Commissioners review, the applicant shall submit documentation clarifying the location of the "small by significant" drainage identified by the Colorado Geological Survey. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 7-TH DAY OF MARCH, 1998. APPROVED AND ADOPTED ON THE 13TH DAY OF MAY, 1998. 1/esrea 4K/*T57 Nonce Pv8l�sHel ink 7yfF oy TvNe l3 /998' Al ST: I Jeafiette Jones DeTty Clerk APPROVED AS TO FORM: John Ely, County Ate, , Case #P48-97 PID #2729-082-007014 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Dorothea Farris Chair Date:i APPROVED AS TO CONTENT: �'�l s• 6 98 Cindy Houben, Community Development Director .2 EXHIBIT =,-c-- of 1:37-,0 si tila ted iii U le Northeast: one-(3ua L_ ter Nort haves t cne-quarter (NE1/4 4.11/4) of Section 9, Township 10 South, P,ange 813 !vest of the Sixth Principal Maridi.an, lying Westerly of Uie Easterly line of said Northeast cne-quarter Northmast oiie-quart.er (NEI/ 4M11/4 ), said tract be.iixg described as follows: e-_ginniix, at a point on tt-je Easterly line of said Northeast cne-quarter Northwest one-quarter (T E1/4NW1/4) , whence the Southeast Cons of said Northeast one-quarter Northwest one-quarter (NE1/41*11/4) bears: South 00°05'00" West, 530.30 feet; theence North 49°45'00" West, 444.02 feet to a point on the Easterly line of a road easement; 11 thence North 31004'15" East, 169.93 feet along the Easterly line of _ said road easement; them North 87-12'57" East, 250.97 .feet to a poiiit on the Easterly line of said Northeast one-quarter Northwest one-quarter (1,7E1/4NW1/4) ; thence South 00-0510011 P1est, 444.63 feet along - the Easterly line of said Northeast one-quarter Northwest one-quarter (NE1/4MI/4) to.the mint of Beginning. 'I IIII'I"III'III "I'!I III "I'I'I�I I"I 417744 06/04/.1fto a4: ,A; RESOL!1 . S of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 'rrrm INSURI rrm CC'3`iP.i1NY MEMORANDUM To: Rick Magill, Community Development Dept. From: Mary Wood, Environmental Health Specialist Through: Lee Cassin, Assistant Environmental Health Director Date: June 23, 1997 Re: Berry 1041 Hazard Review Parcel ID # 2729-082-00-014 The Aspen/Pitkin Environmental Health Department has reviewed the details of the Berry 1041 Hazard Review application under the authority of the Pitkin County Code Title II, Land Use Code and has the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-170 and 3-110.4: "it is the policy of the County to insure the availability of a water supply of adequate quality, quantity, pressure and dependability for fire protection and support of a proposed land use prior to approval of the use. The County shall require land uses to hook up to existing public systems if service is available." one from tests of This Department needs adequate information w the driller''s report. The applicant must also ensuantity of water available. This can be ure that he water wells present on-site by a water engineer's or well p quality is acceptable by having it tested by a lab sue as the Snowmass Water t Consolidated Sanitation District. Before a septic p can be issued, the well mudst be drill ed to aon ssure ict or Ahat n setback requirements from the well to the sewage disposal system can be maintained. Pitkin County Land Use Code requires that the well site be within the building envelope. the timing f any It is recommended that low water landscaping eStatepU nye city Cooperat v) be used and te Extensior°off ce an beecontacted systems be decreased for low water plants. The Colorado for more information on xeriscaping. A condition of approval for this application is the receipt of information documenting that the location of the well(s) meet setback rea err ements and can be are adequate. Withoutaced within the building meeting these requirementslape and that quantity/quality of the well w sewage disposal system permit and building permit can not be issued. SEWAGE TREATMENT AND COLLECTION: Sections 2-180 and 3-110.5: "It is the policy of the County to ensure that adequaite sewage sewage disposal guide) nes of PitkiblCounty's Individual Sewage Dispoe to se sarve existing and new rl SystemuRegulation."lic andsewage disposal systems and connections to such systems shall comply U y individual e disposal such ystems Lots in the area just north of Redstone are servmd b its issued by the Environmental Health DepalrtmentS and must installed within Pitkin County require septic peed comply with the County's sewage disposal regulations. To receive a septic sitepi ichso I dalta nforlmateo � to submit a septic permit application and appropriate fee with a completedspec including percolation test results and profile hole information, as a ill buill as dng plante andmit can g sued oor plans. It must be possible to design an adequate sewage disposal system the The Aspen/Pitkin Environmental Health Department Wel desill ign athe s to systempplicant as part cant about hefb best permit fee, if an engineered system is not required. location for the system and provide a system design. We will determine if an engineered system is needed based on soil test results. An engineered system is required if any one of the following conditions exists: a percolation rate faster than 5 mpi or slower than 60 mpi; maximum seasonal level of the groundwater table or bedrock less than four feet below the bottom of the proposed absorption system; or a slope in excess of 30%. Prior to initiating any tests at the site, the applicant should contact this office. The applicant will need to adhere to all minimum horizontal setback requirements for placement of septic system components. A setback chart has been included with these comments. The applicant will need to locate the leach field site a minimum of 100 feet from their well and from any neighboring wells. This distance may increase depending on the size of the home (square footage) and the number of bedrooms or rooms that must be counted as bedrooms. The packet submitted by the applicant gave minimal information about the area. The site map also gave minimal information, however, it did show that the site sloped downhill to the northwest. A site visit revealed that there is a natural drainage that runs downhill in the area that is believed to be inside of the building envelope. This drainage was dry at the time of the site visit, but would have water in it at times during spring runoff or after a heavy rain. This will have to be avoided in choosing a sewage disposal system site. There is a setback requirement of a minimum of 25 ft. (again, this distance may go up with the size of the home and number of bedrooms) between the leaching area and the drainage. A minimum of 10 ft. must exist between the drainage and sewer or effluent lines or tanks. If the trench is lined or the sewer or effluent line encased in accordance with the regulation, distances can be closer in some cases. This drainage and all other features listed on the setback chart from the regulation will have to be shown on the detailed site plan that is required when applying for a sewage disposal system permit. It must be possible to locate a system in an area where all setback distances can be met. Trenches are preferred over a bed configuration whenever possible. Depending on the site chosen for the system, they may be required because of the slope. Trenches can be terraced down a slope as long as the trench follows the contours. The area for the leach field must be located in an area of no traffic, planted with dry land grass, and should not be watered. It is desirable to locate a system downhill from the home so that gravity can be utilized. The applicant should refer to the Pitkin County Sewage Regulations for detailed information, or call our office to discuss this site. If the well permit states that the sewage disposal system must be of the non -evaporative type where the water is returned to the same stream system in which the well is located, a completely lined field, such as an evapo- transpiration bed, is not allowed unless the applicant contacts the Colorado Division of Water .Resources and a new well permit is in place or a plan of augmentation is created. A condition of approval for this application is the receipt and approval of the sewage disposal permit by the Environmental Health Department before a building permit can be issued. The sewage disposal system must be located within the building envelope. WATER QUALITY IMPACTS: Sections 2-140 and 3-70.5 and 3-70.10: "It is the policy of the County to preserve and protect its present water resources, recognizing the County's semi -arid character and that significant transmountain and transbasin diversions and the vested rights of senior appropriators in the basin have materially curtailed the availability of an already scarce water resource. To this end it is the policy of the County that no land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur at the expense of established water -dependent agricultural activities; or which would result in increased salinization of water resources,loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. It is also the policy of the County to maintain a natural vegetative buffer along its surface such that the surface and groundwaters of the area are not encroached upon by land uses or other human activities which could cause deterioration of water quality rface waters rf impair the natural treatment processes provided by meadows and wetlands." The Environmental Health Department is charged with preserving and protecting the quality of Pitkin County's water resources. Since a large percentage of the population is dependent upon water from wells, elimination of groundwater pollution, and protection of aquifers and their drainage areas are of utmost importance. Surface water and groundwater contamination can also be caused by inadequate setback distances from sewage disposal systems to proximate wells, rivers, creeks, ditches, ponds, and reservoirs. Minimum horizontal distances between components of a sewage disposal system and physical features must be in accordance with the Pitkin County Sewage Regulation. This Department reserves the right to require water quality sampling at the homeowner's expense. A condition of approval for this application is: All setback distances be maintained between sewage disposal system components and wells, ground water and surface waters. AIR QUALITY: Sections 2-130 and 3-602: "Only that development is permitted which will not contribute significantly to degradation of air quality. This project is not expected to contribute significantly to degradation of air quality in Pitkin County. The less densely populated parts of the county, such as the Redstone area, may have two devices per building: a maximum of one wood burning fireplace and a second device which can be either are allowed. fireplace may not be or a certified woodstove. In addition, unlimited numbers of decorative gas app liancesburned in any device. No wood burning device may be installed in barns or agricultural buildings. The applicant must file a fireplace/woodstove permit with the Environmental Health Department before the building permit will be issued. A condition of approval for this application is the receipt and approval of the fireplace/woodstove permit by the Environmental Health Department before the building permit can be issued. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-70: "it is the policy of the County to ensure that no use or development of land is permitted which is in violation of the laws of the County, the State of Colorado, or the United States of America." rn end of ch There is a Holy Cross Electric Association right-of-way onclusive evidence that electromagnetic property fields have harmful borders the building envelope. While there is currently effects on humans, there are some who believe that there is an effect and studies are continuing. The applicant may wish to consider locating the home a little bit away from this easement as a precautionary measure. This Department is not aware of any other issues of concern regarding other environmental health laws.