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HomeMy WebLinkAboutbocc.res.049.2003 Page: 1 e¢ 6 06/13/2003 11:4~R SILVIR DRVIS PITKIN COUNTY CO R 8.~8 D ~.8~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR BOURN 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Resolution No.6 ~-2003 RECITALS l. JeffBoum and Wes Clark ("Applicant") applied to the Pitkin County Hearing Officer for 1041 Hazard Review and Conceptual Submission to establish a building envelope for the construction of a single-family residence. 2. The property is located in Shield O Mesa Subdivision and is more specifically d~scribed in Attachment A. 3. The property is zoned RS-30 PUD and contains approximately 40 acres. 4. The Hearing Officer denied the request at a public hearing on November 26, 2002, pursuant to Determination No. 43-2002. The Hearing Officer found thatthe property cannot be accessed without impacting slopes in excess of 30 percent. The Hearing Officer also found that development is prohibited on slopes in excess of 30 percent pursum~t to Section 3-80-050 (C) (1) of the Pitkin County Land Use Code. 5. The Applicant submitted a request for a takings determination pursuant to Sections 3-290, 4-150 and 5-220 of the Land Use Code on December 6, 2002 and March 13, 2003 to determine whether the Hearing Officer's denial of the application constitutes a takingof private property without just compensation. 6. The BOCC considered the takings request at a regular meeting on April 23, 2003, at which time further evidence and testimony were presented with respect to the taking. 7. The BOCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code, based on the following findings: A. There is no way to access the property without impacting 30 percent slopes; B. The denial constitutes a taking of all reasonable use and economic return from the subject property. 8. The BOCC considered the remediation at a regular meeting on May 14, 2003, at which time conditions of approval were accepted for development on the property. NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the Bourn 1041 Hazard Review and Conceptual Submission constitutes a taking pursuant to Sections 3-290 and 4-150 of the Pitkin County Land Use Code. 06/3.3/2~03 11:48gl SILVI~ D~VIS PITKIN COUNTY CO R e.ee D e.ee BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval of the Bourn 1041 Hazard Review and Conceptual Submission 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 and public meetings. 2. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land Use Code. The site plan shall also be submitted in a digital format for integration into the County Geographic Information System (GIS). 3. The Applicants shall obtain an access permit from the Pitkin County Engineer prior to building permit submission. 4. 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. 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. For a distance of 10 feet around all structures establish and maintain vegetation at 6 inches or less. Woody vegetation should not be planted and flammable maerial should not be stored within this perimeter. D. 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 fi, el. E. 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. F. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. G. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. H.The density of fuels within a 100 foot perimeter of the structure shall be reduced. I.All deadfall within the 100 foot perimeter shall be removed. J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 5. The applicant 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 ~A 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. e6/13/2003 11:4~R Pagc] SILVIR DAVIS PITKIN COUNTY CO R 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 minimtm of 15 feet away from the structure. H. Swimming pools shall be accessible to 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. New utility lines shall be buried. 6. 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 cmnpletion. 7. The Applicant shall comply with the mitigation standards for development on steep slopes: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water, which may decrease slope stability, shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes must be contoured so that they can be revegetated. E. Steepening of existing slopes shall be avoided. F. Confine cuts, fills grading and excavation to the minimum area needed or construction. 8. Prior to the issuance of any building permits, the Applicant shall obtain a septc permit from the Environmental Health Department. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved ISDS development envelope. 9. Prior to the issuance of septic system permits, the Applicant shall provide documentation of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 10. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners 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. 11. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit. Page 4 06/13/2~03 11: 4Stgl SILVIR DI::IVI$ PXTKIN COUNTY CO R e.ee D e.ee 12. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval, prior to the submittal for any building permits. The plan shall address the management of runoff during construction and after construction is complete. 13. At the time of building permit application submittal, the Applicant shall submit, for review and approval by the County Engineer, a Construction Management Plan in accordance to the Asset Management Plan. 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. 14. Lighting shall comply with the Pitkin County lighting standards at the time of installation. 15. The Applicant shall installation and use approved bear-proof containers as required by the 2001 Wildlife Protection Ordinance. 16. Floor area shall be allowed up to 5,750 square feet exempt from growth management. 17. 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 time of building permit issuance. 18. Failure to comply with these conditions of approval may result in revocation of this permit or any snbsequent permits related to this property. 19. Statutory vested rights for the approval containedherein 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 May 14, 2006. Resolution ·. 015/1;~/200~ 11:48~ Page 5 SlLVIPl DAVIS PITKIN COUNTY CO R TAKINGS REMEDIATION APPROVED AND ADOPTED ON T~'"~ITM DAY OF MAY 2003. VESTED RIGHTS NOTICE PUBLISHED ON THE ~tl ~t~t DAY OIV'~-'~-~''( I 2003. APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, ' Cin~y'H~ben, ~ Coun~ A~orney CommuniW Development Director Case ~P138-02 264515200001 Page: SILVIR DRVIS PITKIN COUNTY CO R 0.00 LEGAL DESCRIPTION A PARCEL OF LAND BEING THE NEi\4 NWI\4 OF SECTION 15, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL HER[DIAN, SAID PARCELOF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAiD NE1 \4 NWI\4 SAID POINT BEING ON THE NORTHERLY LINE O~ SAID SECTION [5 WHENCE THE NORTHWEST CORNER OF SAID SECTION 15 BEARS N89053':L2"W, 1323 10 FEET; THENCE S89053'12''E ALONG THE NORTHERLY LINE OF SAID NEI \4 NWl\4, ~323.10 FEET, TO THE NORTHEAST CORNER OF SAID NEI \4 NWl\4; THENCE S00o20'00"w ALONG THE EASTERLY L/NE OF SAID NE1 \4 NWI\4 1323.70 FEET, TO THE SOUTHEAST CORNER OF SAID NE1 \4 NWl\4; THENCE N89048'55'~N ALONG THE sOUTHERLY LINE OF SA[D NE! \4 NWl\4, 1324.79 FEET TO THE SOUTHWEST CORNER OF SAID NE1 \4 NWI\4; THENCE N00°24'25"E ALONG THE WESTERLY LINE OF SAID NE! \4NW1\4, 1322.06 FEET HOR/~ OR LESS TO THE NORTHWEST CORNER~OF SAID NE1 \4 NWI\4, THE POINT OF BEGINNING, CONTAINING 40.21 ACRES, MORE OR LESS, IN THE COUNTY OF P[TKIN, STATE OF COLORADO.