HomeMy WebLinkAboutbocc.res.042.2003 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING APPROVAL FOR REINSTATEMENT OF
VESTED REAL PROPERTY RIGHTS FOR LOT 4 OF THE REDSTONE UNIQUE
SUBDIVISION
Resolution No.~l,~-2003
RECITALS
1. William O'Neal and June Josey ("Applicants") have applied to the Pitkin County Board of
County Commissioners ("BOCC") to consider a Reinstatement of Vested Real Property
Rights pursuant to Section 4-140-30 of the Land Use Code.
2. The property is located on Coal Basin Road near Redstone and is more specifically
described in Exhibit "A".
3. The property is zoned RS-30 PUD and AFR-10 and contains 35 acres.
4. The BOCC heard this application at a duly noticed public hearing on January 8, 2003, at
which time evidence and testimony were presented with respect to this application. The
application was continued until January 22, 2003 upon the request of the BOCC. The
application was continued again until April 9, 2003 upon the request of the BOCC. The
application was continued a final time until April 23, 2003 upon the request of the
Applicant.
5. The BOCC has determined that the proposed development meets the criteria established in
Section 4-140-030 of the Land Use Code, and therefore found the reinstatement to be
appropriate.
NOW THEREFORE BE IT RESOLVED by the Pitldn County Board of County
Commissioners that it does hereby grant a Reinstatement of Vested Property Rights for Lot 4 of the
Redstone Unique Subdivision subject to the following conditions, which shall run with the land and
be binding on all successors in interest:
I. The Applicants shall adhere to all material representations made in the application and in
the public meetings.
2. The conditions specified in this resolution shall rescind and replace all those specified in
Resolution No. 95-26 as recorded at Reception No. 379960.
3. Prior to submittal for any building permits, the Applicants 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. Community Development shall, approve the site plan prior to recordation.
Upon approval by Community Development, the site plan shall be submitted in digital
95/96/2903 12:43P /
SILVIfl DAVIS PITKIN COUNTY CO R 9.99 D e.ee
f
Resolution No..~-2003
Page 2
format for integration in to the County Geographic Information System (GIS) prior to
submission of a building permit.
4. A fireplace/woodstove pe,nit shall be approved by the Environmental Health Department
prior to issuance of a building permit for a new residence.
5. The Applicants 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.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.
C. 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 be two times the height of the fuel. All measurements shall be from
the edges of the crowns of the fuel.
D. 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.
E.Tree crown separation within the 30 foot perimeters shall have a minimum of 10
feet between the edges of the crowns.
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 of the structure shall be reduced.
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.
6. The Applicants shall comply with the following additional wildfire mitigation standards:
A. Roofing: New roofs shall have a Class A roof covering or 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 lA 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 and ponds shall be accessible to Fire Department vehicles.
Page: 2 of' 6
GS/GG/2G03 ~.2:43P
SILVBq D~¥I$ pTTKIN COUNTY CO R 0.00 D e.eo
Resolution No.~)I~"'-2003
Page 3
I. 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.
7. The Applicants shall comply with the following landscaping and wildlife mitigation
standards:
A. All development shall be located below 7,400-foot contour elevation.
B. Dogs shall be prohibited on the property.
C. Fencing shall be a maximum height of 42", 4 strands of less with a 12" kick space
between the top 2 strands. Any rail fencing shall be the round type, 48", 3 rail or
less with at least 18" between 2 of the rails.
D. All garbage shall be kept within bear proof garbage containers in accordance with
Pitkin County Ordinance No. 010- 2001.
E. Horses shall be kept within the building envelope. All haystacks shall be fenced
with 8' mesh fencing.
F. Vegetation within the building envelope shall be preserved as much as possible in
order to screen the residence.
8. 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 occur within the approved building
envelope, or access driveway.
9. Prior to building permit submission for a new residence, the applicant shall provide for
review by 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 pre-
approved by the County Engineer.
Page: 3 or 6
e5/e6/2ee3 12:43p
co R e.ee D e.ee /,C
SILVIfl
D~IVIS
PITKIN
COUNTY
Resolution No.~-2003
Page 4
10. The Applicants prior to building permit application shall obtain a welt permit. A sewage
disposal system and water provision for the site shall be reviewed and approved by the
Environmental Health Department prior to issuance of a building permit.
11. The Applicants shall revegetate all areas disturbed by construction within one growing
season of construction.
12. Prior to issuance of a building permit the Applicants shall obtain an access permit from
the County Engineer.
13. Lighting shall comply with the Pitkin County lighting standards in effect at the time of
installation.
14. Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Share
Requirements and shall pay a road impact fee as calculated at the same time as building
permit issuance.
15. The Applicants shall grant public access on Coal Creek Road, in the form of a duly
executed access agreement with Pitkin County. Said access agreement shall be verified
and in place prior to issuance of a building permit.
16. Prior to commencement of any earthmoving or construction activity, the Applicants shall
stake the coruers of the building envelope and install construction fencing around the
perimeter of the building envelope. The fencing shall remain in place until issuance of
certificate of occupancy.
17. Floor area shall be limited to 5,750 square feet exempt from growth management or use
of TDRs. Total floor area on the property shall not exceed 5,750 square feet. The
property shall not be eligible for Growth Management or the utilization of TDRs to
exceed 5,750 square feet.
18. Floor area shall be determined based upon the calculations used at the time of building
permit submission.
19. The property shall be subject to all applicable impact fees imposed by the County at the
time of building permit submission.
20. 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 the Pitkin County Land Use Code § 4-140 and C.R.S., § 24-68-105. The statutory
vested rights granted herein shall expire on April 23, 2006.
$ILVIPl DAVIS [::'ITKIN COUNTY CO R ~.~0 D 8.8~
Resolution No.~-2003
Page 5
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 7*" DAY
OF DECEMBER 2002.
APPROVED AND ADOPTED ON THE 23~ DAY OF APRIL 2003.
VESTED RIGHTS NOTICE PUBLISHED ON THE /7I~ DAY OF~
2003.
~['EST: ~ BOARD OF COUNTY COMMISSIONERS
OF PITK1N COUNTY, COLORADO
Lyf ',e R. Dean, Jack Hatfield,
De tty Clerk and Re order Chair
Date: .~ ~--'~cW':3
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John E1 ,y~'~ Cinc~y [Iouben,
County Attorney Contrnunity Development Director
Case #P155-02
PID# 272918400003
Page: 5 o¢ 6
~5/06/2003 !.2:43P
SILVI~ DAVIS PITKIN COUNTY CO R 0.00 D
EXHIBIT A
A parcel of land situated in the SW1/4 of Section 17 and the SE1/4 of
Section 18, Township 10 South, Range 88 West of the 6th P.M. Said parcel
being more particularly described as follows:
Commencing at the East South Quarter Corner of said Section 18, a B.L.M.
Aluminum Cap in place THE TRUE POINT OF BEGINNING;
thence S 89o52,50· E along the Southerly line of said Section 18 877.54
feet;
thence leaving said Southerly line N 71003,30. E 1993.37 feet to a point
on the centerline of Coal Basin Road;
thence along said centerline along the arc of a curve to the right
having a radius of 307.16 feet, a central angle of 39o32,37,,, a distance
of 211.99 feet (chord bears N 26"10'06" W 207.81 feet);
thence N 06o23,48,, W 197.11 feet;
thence along the arc of a curve to the left having a radius of 407.66
feet, a central angle of 23o50,06,,, a distance of 169.59 feet (chord
bears N 18"18'51,, W 168.37 feet);
thence N 30"13'54,, W 171.29 feet;
thence leaving said centerline S 57o00,22,, W 500.00 feet;
thence S 68"45'38,, W 2243.84 feet to a point on the Westerly line of the
SE1/4 of said Section 18;
thence S 00o07,57,, E along said Westerly line 250.32 feet to the TRUE
POINT OF BEGINNING.
TOGETHER WITH a perpetual non-exclusive easement over and across Coal
Haul road to Colorado Highway'133 as set forth in Deed recorded March
30, 1995 in Book 777 at Page 466.
2 e~ ~ R ~e.eeD e.ee ·
Page: 6 of' 6
05/06/2003 12:43P ~7
~.., $ILVZR D~IViS PZTKIN COUNTY CO R e.ee m e.oe