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HomeMy WebLinkAboutbocc.res.150.2003 Page: 3. of' 8 02/3.7/2004 03:3213 S!LVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR THE BISHOP FAMILY TRUST 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Resolution NoJ -~-2003 RECITALS 1. John C. Bishop Family Trust ("Applicant") applied to Pitkio County for a development allotment througb the 2002 Rural Area Residential Growth Management Quota System Competition for New Subdivisiou Lots.and Ne/v 35+ Acre Parcels. The Applicant also requested 1041 Hazard Review and Conceptual Submission/{pproval to establish a building envelope for the construction of a single, family residence. 2. The property is located in the Castle Creek Valley, and is more specifically described as Bonanza Placer, Lot 5 (legal description, Exhibit A). 3. The property is zoned AFR-I 0 and contains 38+ acres. 4. The Planning and Zoning Commission held a duly noticed public hearing on December 10, 2002, to review and score 2002 Rural Area Residential Growth Management applications for New Subdivisions and 35+ Acre Parcels. 5. The Commission scored the applications pursuant to the criteria in SectiOn 9-I20 of the Land Use Code. The Plalming m~d Zoning Commission scoring is memorialized in P&Z Resoluti6n No. 04-2002. The Commission scored the Bishop Fmnily Trust application at 36.8 points. This is below the minimum score of 48 points required for an allocation. 6. The Board of County Commissioners, by Resolution No.75-2003, confirmed the P&Z scoring and did oot allocate auy square footage as a result of the 2002 Rural Area Residential GMQS Competition for New Subdivision Lots and New 35+ Acre Parcels. 7. The Applicant submitted a request for a takings determthation pursuant to Sections 3-290, 4-150 and 5-220 of the Land Use Code on June 26, 2003, to determine wbether the Board of County Commissioners' failure to allocate square footage to the parcel in the Bishop Family Trust application constitutes a taking of private property without just compensation. ~ 8. The BOCC considered the takings request at a regular meeting on July 23, 2003, 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 Sections 3-290 m~d 4-150 of the Code, based on the following findings: The proposed building envelope is the best possible location on the property for development; and The denial constitutes a taking of all reasonable use and economic return from the subject property. 10. The BOCC considered the remediation at a regular meeting on October 22, 2003, at which time the conditions of approval were accepted. ?gge2 -- Page: 2 of 8 02/17/2004 03:32P ,!SILVER DAVIS PITKIN COUNTY CO R 0.00 D 0.00 NOW, TItEREFORE, BE IT RESOLVED by the BOCC that the denial of the Bishop Family Trust request for allocation of square footage andl041 Hazard Review and Couceptual Submission constitutes a taking pursnant to Sections 3-290 and 4-150 of the Pitkin County Land Use Code. BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval to the Bishop Family Trust 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. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall submit a 1041 Hazard Review Site Plan that complies with the provisions of Section 5-70-040 of the Land Use Code to the Commnnity Development Department for approval and recording. The mylar copy of the site plan must be signed by the owner prior to submittal for recording. 2. At building permit application, the Applicant shall surrender one original Certificate of Transferable .Developlneut Rights and a copy of the deed evidencing the Applicant's acquisition of the certificate m order to develop up to 5,750 square feet of floor area. The property is limited to 5,750 square feet of floor area as calculated at the time ora complete building permit submittal in the event the Applicant elects to utilize the access through the Music School campus ("Original Access"). The size l!mitation related to the nse of the Original Access is established as a result of the hazards associated witb the Original Access which crosses kuown debris flow/mndslide areas as well as areas mapped as blue mid red avalanche hazard areas. A. Alternatively, Applicant may access the property through an easement from Castle Creek Road over Lot 2 of the M.A.A.,Inc. Filing 1 as described in the Amended Plat of Record in Plat Book 4 at Page 466 oftbe real property records of Pitkin County (also known as the Hall property, bereinafter referred to as the "Alternate Access"). B. !n the event the Applicant elects to utilize the Alternate Access the Applicant may seek to increase alloWable floor area on the property above 5,750 square feet through special review application for a TDR Receiver Site or through Growth Management Competition for Additional Floor Area. There is no presumption regarding the resnlt of such applications. C. In the event the Alternate Access is elected, the Original Access shall be "sterilized". Prior to issuance of any building permit applications, the Applicant shall (Items A through G shall be submitted prior to or concurrent with building permit submittal): A. Obtain an access/driveway permit for the driveway, after electing to utilize the Origind Access or Alternate Access, which shall be approved by the County Engineer, the Community Development Department, and the Fire Marshall. The access/driveway, if through the Original Access, shall be built substantially as per the Stantec Consulting, Inc "Proposed Access Road Plan and Profile and Cross Sections", Sheets 3 through 8, as submitted by the Applicant with the John C. Bishop Family Trust 2002 Rural Area Growth Management application. An additional engineering report on the portion of the propcsed driveway/access where it encroaches on the Keno Gulch mud and debris slide path is required to ensure to the County Engineer that downhill properties will be protected and that safe access can be provided. If the Applicant elects to construct the access/driveway through the Alternate Access, approved easement documents, complete plans, profiles, and cross sections for an access permit must be submitted and approved by the County Engineer, Community Development, and the Fire Marshall. B. Obtain fireplace/woodstove permits from the Community Development Department, if uecessary. C. Obtain approval from the County Engineer ora drainage and erosion control plan. Resolution No.]~ -2003 Page 3 02/17/2004 03:32P Obtain approval from the County Engineer of a construction management plan. This plau shall include, but not be limited to the following: 1. A Traffic Control Plan detailing the management of construction and employee ~affic on and offCastle Creek Road, along ~e Music School Road and through then Music School Campus. 2. A Schedule and Methods Statement for the proposed major construction items. This document should specifically address how construction will be accomplished without working outside the existing easement. 3. A Staging, Parking, and Material Storage Plan shall be submi~ed and approved. This plan shall show the location of employee parking, material storage areas, jobsite trailers, tempora~ utilities, haul roads, emergency access to the work site, and construction staging. No parking, staging, or storage is allowed on County right of way or county prope~y. 4. A Safety Plan shall be submi~ed for traffic ~d construction around the Music School Campus. It should specifically address pedestrian movements through the construction road access and how workers ~d cons~uction vehicles will pass through the Campus. This Plan shall be reviewed and approved by the County, the Schools, and all emergency response agencies. Obtain approval from Environmental Health of a Fugitive Dust Control Plan. Obtain approval from Environmental Health of a septic permit. Obtain approval from environmental health that well meets setback requirements and that the quantiW and quality of the well water are adequate. Pay the applicable road impact fee. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: Defensible Space: The area around all buildings/structures, limited by property boundaries which may limit a property owner's ability to comply with this section, shall incorporate landscaping witb 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) Brash, debris and non-ornamental vegetation shall be removed within a minimum ten-foot (10') perimeter around all structures. 2) Vegetation shall be reduced to break up the vertical and horizontal coutinuity of the fuels at a minimum ora thirty-foot (30') foot perimeter around all structures. 3) Spacing between clumps of brush and vegetation within the thirty-foot (30') perimeter shall be a minimum of two (2) times the height of the filel. Maximnm diameter of the clumps shall be two (2) times the height of the fuel. Ail measurements shall be from the edges of the crowns of the fuel. 4) All brauches from trees and brush within the thirty-foot (30') perimeter shall be pruned to a height often feet (10') above the ground with removal of ladder fuels from around trees and brush. 5) Tree crown separation within the thirty-foot (30') perimeters shall have a minimmn often feet (I 0') between the edges of the crowns, except for mature stands of Aspen trees where ladder filels have been removed 6) All branches that extend over the roof eaves shall be trimmed and ail branches withiu fiftee~t feet (15') of chimneys sha I be removed. Resolution No. ~_-2003 Page 4 494594 Page: 4 of' 8 02/17/2004 03:32P D 0.00 7) The density of fuels within a one-hundred-foot (100') perimeter of the structures shall be reduced where natural reduction has not already occurred. 8) All deadfall within the one-hundred-foot (100') perimeter shall be removed. 9) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. 10) Position all structures at least 30' back from the ridge where the slope drops steeply to Castle Creek. The Applicmtt shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering or a Class A roof assembly as defined in the UBC 1997 Section 1504. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: i. 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. ii. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. iii.Ali roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. iv. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. v. 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 clem' 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 I 0 foot perimeter shall be maintained to a height not more thm~ 6 inches. G. Firewood/wood piles shall be stacked on a parallel contoar a minimum of 15 feet away from the structure. H. Swimming pools shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush mid 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. Resolution No. I.f~-2003 Page 5 Page: 5 o,F 8 02/17/2004 03:32P The project shall meet all the codes and requirements of the Aspen Fire protection district. This includes but is not limited to: approved fire suppression system, adequate access and egress, and supplying the required fire flow for fire fig!~ting purposes All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoffwithin one growing season of the project's completion. 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 minimurn area needed or construction. Potential avalanche warning signs shall be posted prominently on the driveway prior to the locations where the driveway crosses known avalanche paths. 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. Lighting shall comply with the Pitkin County lighting standards at the time of installation. There shall be no outside lighting beyond the minimum required by the building code on the west side of the residence. I2. Dogs shall be kenneled. 13. 14. The Applicant shall install and use approved bear-proof containers as required by BOCC Ordinance No. 010-2001, the 2001 Wildlife Protection Ordinance. Boundary fencing is prohibited. I5. 16. 17. Ali impacts to wetlands or riparian areas are prohibited. No development, including grading, excavation, fill placement, berming, landscaping, vegetation removaI or disturbance, well or septic system shall occur outside of the approved building envelope. Construction staging, parking, utility and driveway extensions and maintenance shall occur within approved building envelope or the access driveway only. All utility lines/pipes shall be buried in the driveway. All structures shall have earth-tone colors. All roofs shall be constructed of non- reflective materials. I8. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property. Page d -- Page: 6 of 8 02/1.7/2004 03:32P 19. The Applicant shall adhere to all material representations made in the application and public meetings. 20. This takings remediation does not constitute a site- specific development plan and does not obtain vesting. The conditions of approval can be relied upon for threeyears. TAKINGS AND REMEDIATION APPROVED AND ADOPTED on the 22nd day of October, 2003. AT~EST: ~ ~;~'uet~ecJo°~ne~ Clerk APPROVED AS TO FORM: #P133-02 273513300005 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Chairman Date: APPROVED AS TO CONTENT: Cin~ l~Iou'~en, Community Development Director lancec/cases/bishop taking remed reso.doc FEB-IT-2004 TUE 04:44 PR NO, ?, O1 SCHEDULE A ORDER NO: A parcel located in Sections 13, 23 and 24 of Township !0 South, 85 West of the 6th P,M,, Pitkin county, Colorado. PROPERTY DESCRIPTION Page: 7 of 8 EXHIBIT "A" 02/~.7/Z004 05:3zP of land being a portion of ~he Bonanza Placer M.S. 5~40 Range Beginning at corner number i of sa~d Bonanza Placer, thence along line 1-2 of said Bonanza Place N. 40 degrees 39 m~nutes 797.47 ft. more or less to the easterly boundary of Lo~ 1-A of M.A.A. Inc. Filing No. 1, thence southerly along the easterly boundary of Lot I-A of M.A.A. Inc. Filing No. !, s. 27 degrees 17 minutes 39 seconds W. 261.95 f~. more or le~s, S. 62 degrees 43 minutes 39 seconds W. 188.70 ft. S. 23 degrees 47 minutes W. 187.35 f~. more or less to the easterly outside boundary of M.A.A. Inc. Filing No. 1 (amended) =hence Southerly and westerly around the outside boundary of said N.A.A. Inc. Filing No. i (emended) as follows: S. ii degrees 00 minutes W. 72.00 S. 40 degrees 40 minutes W. 265.00 ft. $. 70 degrees 30 minutes W. 209.82 f~. s. 00 degrees ~5 minutes 08 seconds W. 803.20 ft. more or less to the Northeast corner of Section ~3, thence along the northerly line of Section 23 N.'~ 88 degrees 37 minutes 27 seconds W. I01.6.S9 ft, more or less to line 3-4 of a~id Bonanza Placer, thence along line 3-4 of said Bonanza Placer B. 27 degrees 45 minutes 15 seconds w. 241.61 ft. more or less to corner number 4 of the Bonanza Placer, %hence along line 4-5 of said Bonanza Placer S, 28 degrees minutes E. $82.00 ft. more or less to corner numbe'r 5 of the Bonanza Placer, thence N. 83 degrees 50 minutes 21 seconds E. 447.20 ft, more or less =o line 10-11 of said Bonanza Placer, ~hence along line 10-11 of said Bonanza Placer N. 32 degrees 48 minutes E, 1378.72 ft. more or leas to corner number 1i of the Bonanza Placer, thence along line 11-12 of said Bonanza Placer N. 84 degrees 50 minutes 50 seconds E. 338.31 ft. more or lees to corner number 12 of the Bonanza Placer, ~henca along line 12-1] of said Bonanza Placer N. 00 degrees 27 minutes W. 32.02 ft. more or leas to corner number 13 of . Bonanza Placer, thence alohg line !3-14 of said Bonanza Placer N. 89 degrees minu=e~ E. ~99,47 fa. more or l~ss to corner number t4 of Bonanza Placer, =hence along line 14-15 of said Bonanza Placer N. 84 degrees 56 Continued on ne×= page FEB-17-2004 ?UE 04:44 PR ER NO, 00020301 F~× NO. SCHEDUL~ A PROPERTY DESCRIPTION CONTINUED: P, 02 PERTY DE$CRI.PTION CONTINUED utes E. 151.00 ft. more or less to corner number 15 of the ~anza Placer, :nce along line 15-16 of said Bonanza Placer West 5,3~ ft. ~e or less to corner number 16 of the Bonanza Placer,. ~nce ~!ong. line 16-1 of said Bonanza Placer North 532.~8 f=. :e or lees to corner number i the Poin: of Beginning. lnty of Pitkin, State of Colorado Page: 8 o~' 8 02/17/2004 03:32P SILVIR D~VIS PITKIN COUNTY CO R 0.00 D 0.00